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Court Summons

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lukey121 | 11:52 Sat 12th Jul 2008 | Law
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My mate got pulled over on the 7th of April for no insurance. He then renewed it and took it in to the police station. They said yes that's all fine. Today, almost four months later he has a court summons. Are they allowed to wait that long? Almost 4 months before they tell you? Is there any lope hole. I thought it was 28 days?
Before you start saying he should take his punishment, I agree with you, but at the time his son was in hospital and it had been expired for 2 days and he just totally forgot
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I find it hard to believe he wasn't given a verbal Notice of Intended Prosecution when he produced his documents. That is normal procedure.

Assuming that he was given the verbal NIP then the summons is well within any time limits.
Provided your friend was warned of a possible prosecution at the time of the alleged offence (or in any case within 14 days) the CPS has up to six months to begin proceedings.
A Notice of Intended Prosecution is not applicable in this case. I also find it hard to believe that your friend could have "forgotten" to renew his insurance cover before driving a motor vehicle on a road or other public place, because Insurance Companies are obliged to write to the Policyholder in the first instance at least one month before a policy expires, and it is for certain that this will have been done. No excuses there !! The offence of driving without insurance is triable summarily and is punishable with a fine and/or discretionary disqualification.
Agree with all above.

No NIP required for No Insurance offence.
Police have up to 6 months to prosecute the offence.
2 days over the limit or not it matters not - if he hits some poor soul they are left footing the bill.

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