Hi Guys and Gals

The facts: Sister (clean driving licence) driving with 3 young children in car when stopped allegidly doing 101 on the M1. She refused to get out and view video in back of police car as this meant leaving 3 frightened kids alone in car in the most dangerous place on a motorway, the hard shoulder (she did offer to drive to a more safe place such as a service station, but they refused). Policeman (narked) handed her an incomplete NIP (in that he had not ticked the box stating what the alledged offence was). This was in Oct. Received summons to court today for hearing early Apr. Summons does allow guilty plea by post (which suprised me as I understood all cases over 100 mph required attendance in court). Any help/advice most appredciated. Thanks

Defective NIP. No case to answer i would think. Did the officer issue a verbal NIP?

Thanks, but I am sure he would have at the time he handed her the NIP.

If he gave her a verbal one at the time, there is no requirement for a written one to be issued. Even if he didn't, he'll just lie and say he did.

Just confirmed he cautioned her at the time of handing over the nip. So, any ideas......

bondbug,

The fact that your sister has not been required to attend court does not necessarily mean that the magistrates will not consider disqualification. If they do decide to disqualify her, the court will probably write and request her presence at some later date.

If she thinks she was travelling at 101 mph, she may wish to pleads guilty with mitigation. However, if she does not think that she was not travelling at the alleged speed, we should be able to calculate the true speed of her vehicle.