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waiting for my court summons

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skyline
Scooby Slapper



Joined: 20 May 2004
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PostPosted: 16:12 - 24 Nov 2004    Post subject: waiting for my court summons Reply with quote

and waiting and waiting, and still waiting dammit.

about 2 months ago i was caught riding like a twat (im glad they caught me when they did though as it made me think a lot of sence to how i ride!) and i was told id be going to court, is there a time limit to how long it should take to get the summons, i had thought it was 8weeks but now i think i may have just made that up in my head...we rang the office place today to see whats happening and they just said that it hasnt been processed yet. but my insurance renewal is coming up soon and i dont know weather its worth renewing my insurance or not as i dont know weather ill be banned etc! is there a time limit or do i have to just keep waiting for months? cheers for the help!
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MikeyC
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PostPosted: 16:23 - 24 Nov 2004    Post subject: Reply with quote

www.pepipoo.com
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Ste
Not Work Safe



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PostPosted: 16:31 - 24 Nov 2004    Post subject: Reply with quote

If it is being taken to a crown court then they have six months to issue the court date, or it might be for the court to receive the paperwork about it, but if it is a dangerous driving offence or another one which can be taken to a magistates court they can in theory contact you about it whenever they want to, but after about six months would be abuse of power.

So wait about six months and then you're pretty much home and dry. It could well be worth renewing your insurance now, as you will keep the NCB going and you don't have to say "I've got X points for [abc] and got a ban as well for 3 months", if you're expecting a short ban it's worth doing IMO.
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T.C
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PostPosted: 16:43 - 24 Nov 2004    Post subject: Reply with quote

Ste wrote:
If it is being taken to a crown court then they have six months to issue the court date,


Has nothing to do with Crown Court as this will initialy be dealt with by the magistrates.

Information must be laid before the courts within 6 months of the commision of the alleged offence, after which the offence is timed out and no further action can be taken, however summonses can take considerably longer to serve, I have had cases which have taken 12 months to come to court and with adjournements and the like 18+ months have passed before the case was closed.

8 weeks is nothing!
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getyerkneedow...
Trackday Trickster



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PostPosted: 16:43 - 24 Nov 2004    Post subject: Reply with quote

Have they already given you the N.I.P?

If not, your home free... they have 14 days from the date of offence to issue you a Notice of Intended Prosecution, then 6 months from then to summons you to court.. After that.. your laffin... Laughing
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skyline
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PostPosted: 16:44 - 24 Nov 2004    Post subject: Reply with quote

well they want to do me for jumping a red light at a pelican (i think thats the right one, the lights for people to cross the road...) as i was filtering past traffic, saw the light go amber and sped up to get in front of the front car before it started moving... so im not sure which court it will be, i had a look on that pepipoo website but couldnt find the info, looks like ill just need to get a good lawyer and wait for the summons then!
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skyline
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PostPosted: 16:45 - 24 Nov 2004    Post subject: Reply with quote

i think they gave me a verbal nip as i was read some rights of something or other when i was pulled over, so that ones out the window :/
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T.C
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PostPosted: 16:46 - 24 Nov 2004    Post subject: Reply with quote

skyline wrote:
well they want to do me for jumping a red light at a pelican (i think thats the right one, the lights for people to cross the road...) as i was filtering past traffic, saw the light go amber and sped up to get in front of the front car before it started moving... so im not sure which court it will be, i had a look on that pepipoo website but couldnt find the info, looks like ill just need to get a good lawyer and wait for the summons then!


That will be dealt with by a Magistrates Court, not sufficiently serious enough to go up the road!
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Kickstart
The Oracle



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PostPosted: 16:56 - 24 Nov 2004    Post subject: Reply with quote

getyerkneedown wrote:
Have they already given you the N.I.P?

If not, your home free... they have 14 days from the date of offence to issue you a Notice of Intended Prosecution


The NIP can be issued verbally at the side of the road when they pull someone over.

Also, sounds like they could have also done him for overtaking the leading vehicle on the zig-zag lines on the approach to the crossing (TC can probably confirm this).

All the best

Keith
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skyline
Scooby Slapper



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PostPosted: 17:00 - 24 Nov 2004    Post subject: Reply with quote

yea they said they were going to do me for that as well, but apparently when we rang up today they didnt say they were...
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Gazdaman
I did a trackday!!!



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PostPosted: 18:42 - 24 Nov 2004    Post subject: Reply with quote

Yes that is illegal, seems you were unlucky, not the most sensible riding ever, but how many of us have never sped up to make it through an amber light.

So you're being done for jumping a red light? If that's it that can't be much punishment can it?

Gaz
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mchaggis
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PostPosted: 19:26 - 24 Nov 2004    Post subject: Reply with quote

Gazdaman wrote:
Yes that is illegal, seems you were unlucky, not the most sensible riding ever, but how many of us have never sped up to make it through an amber light.


I don't go through them if I can stop in time, and certainly don't speed up. Amber means prepare to stop, so if it changes to it whilst I am a suitable distance away that I can reasonably brake and stop for it, I do. If it has changed far enough in front of me for me to be able to brake in time, it will be red by the time I get there at a normal speed.

Speeding up to get through just seems a little bit silly. You are saving oodles of time by filtering anyway.
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T.C
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PostPosted: 20:15 - 24 Nov 2004    Post subject: Reply with quote

mchaggis wrote:


I don't go through them if I can stop in time, and certainly don't speed up. Amber means prepare to stop


Amber does not mean "Prepare to Stop" it means "STOP" and is reportable with a minimum of 3 points and a £60 fixed penalty fine at the lower end of the scale, in fact some traffic light cameras are set on amber because of the amber gambler and it is down to the motorist to show that they had an excuse in law to go through on the amber.

failing to conform to a traffic signal is not one that requires an NIP, although most motorists are given one anyway to cover the reporting officers arse, so if you were reported at the side of the road, the next thing through the post will either be a summons (assuming you were not given a fixed penalty) or a letter stating that no further action will be taken!
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mchaggis
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PostPosted: 20:21 - 24 Nov 2004    Post subject: Reply with quote

T.C wrote:

Amber does not mean "Prepare to Stop" it means "STOP"


Embarassed Oops. My bad. I always thought it was prepare to stop, with the red meaning stop. Though, like I said, if I can come to a halt for a yellow without having to do emergency braking then I normally will.

The thing that occurs to me is then why is there an amber at all? Why not just red and green if amber means the same as red?
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mr jamez
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PostPosted: 20:48 - 24 Nov 2004    Post subject: Reply with quote

You can go through amber though I think? if you are unable to stop at the line safely or have already crossed the stop line.

Something like that anyway.
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stinkwheel
Bovine Proctologist



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PostPosted: 22:51 - 24 Nov 2004    Post subject: Reply with quote

Quote:
The Highway Code
AMBER means 'Stop' at the stopline. You may go on only if the AMBER appears after you have crossed the stop line or are so close to it that to pull up might cause an accident


Having been rear-ended twice, I take a loose interpretation of this one, my bike can stop a lot quicker than most cars driven by a dozy commuter with the heater up and the radio on. Wet greasy roads at this time of year means that any application of the brakes at more than a modeate level 'might cause an accident' in my oppinion, especially in a traffic light 'diesel slosh' stopping area.
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Dom
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PostPosted: 23:11 - 24 Nov 2004    Post subject: Reply with quote

stinkwheel wrote:
Quote:
The Highway Code
AMBER means 'Stop' at the stopline. You may go on only if the AMBER appears after you have crossed the stop line or are so close to it that to pull up might cause an accident


Having been rear-ended twice, I take a loose interpretation of this one, my bike can stop a lot quicker than most cars driven by a dozy commuter with the heater up and the radio on. Wet greasy roads at this time of year means that any application of the brakes at more than a modeate level 'might cause an accident' in my oppinion, especially in a traffic light 'diesel slosh' stopping area.


Agreed. Having to go through a particularly annoying selection of lights every day I wouldn't be able to count how many times I've gone through an amber light. When it is greasy you really do need to be a million miles away from wherever you're aiming to stop when you put the brakes on and there's no way I'm risking going road surfing when I could just ride safely through before the red.
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T.C
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PostPosted: 23:55 - 24 Nov 2004    Post subject: Reply with quote

mchaggis wrote:


The thing that occurs to me is then why is there an amber at all? Why not just red and green if amber means the same as red?


It is for those who are colour blind. If the first and second light are illuminated it means it is going down to green, if it is a single middle light on its own its heading back up to red!

You can go through amber if it is likely to cuase danger by stopping, just make sure you can justify and substantiate it, bearing in mind that there islways the option for also reporting for due care and attention or in the worst case scenario dangerous driving!
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Gazdaman
I did a trackday!!!



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PostPosted: 09:21 - 25 Nov 2004    Post subject: Reply with quote

I agree, I could haul on the anchors and get a car/bike interface. Whereas I could accelerate and go through an amber light.

There's one traffic light camera around my way, my mum got flashed when on amber, nothing came of it.

Personally I don't know where the law stands on going through amber, driving instructors really don't like you speeding up to get through it though.

Gaz
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EuropeanNC30R...
Gay Hairdresser



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PostPosted: 10:35 - 25 Nov 2004    Post subject: Reply with quote

Never heard of anyone being done for going through on amber Confused
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map
Mr Calendar



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PostPosted: 10:46 - 25 Nov 2004    Post subject: Reply with quote

skyline wrote:
...do me for jumping a red light at a pelican (i think thats the right one, the lights for people to cross the road...) ...

Have I missing something here?
If it was a real pelican then the amber would flash and motorists are allowed to go through providing no pedestrians are crossings.

The other (new) type are Puffin crossings which are like traffic lights - no flashing amber.

Found this link - click here - expaining the types
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skyline
Scooby Slapper



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PostPosted: 15:06 - 25 Nov 2004    Post subject: Reply with quote

could be puffin, but it was red as i was filtering upto it, then it went redyellow, and thats when i went for the gas as i wasnt really terribly close to the first car Embarassed stupid mistake all round tbh but ah well, lesson learnt riding style much improved since then.
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Luke_Retrofly
Silly Lesbian



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PostPosted: 15:51 - 25 Nov 2004    Post subject: Reply with quote

Hi
I always slow down when comming up to lights crossings, anticipating that they will change amber at any momnet (defensive riding).

At a pelican crossing u can filter to behind the front car but not infront of it.

Luke
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Bendy
Mrs Sensible



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PostPosted: 17:55 - 25 Nov 2004    Post subject: Reply with quote

If you don't go through the ambers round here, you'll get one single car out on each rotation of the lights. Rolling Eyes
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