ARmy Rumour SErvice

**scotstab** · 07-06-2012, 22:55

Subbie in a flap - I have just received an intent to prosecute from the fife constabulary with no mention of going to court or a fixed penalty notice. They are asking if i was the driver, which of course i was. I was doing 53Mph in a 40 zone over a stretch of motorway works. Could this go either way and i will receive a fixed penalty or will i have to go to court once i have confirmed i was driving? Also I'm a regular offr (despite my tag) do i need to inform anyone or can i wait until i receive my summons if it comes to that?

PrinceAlbert · 07-06-2012, 22:58

One word - integrity

**Timble** · 07-06-2012, 23:01

I'd tip you hat to the OC/Adjt that you've been caught, and the possible outcomes. Better that now, than the inevitable 'and why didn't you inform me at the time?'

**Scavenger** · 07-06-2012, 23:02

Admit it to the police, send a letter begging, first offence blah blah, stupid mistake and offer to pay the fixed penalty.

Dont tell the army unless you get a summons.

**legal_eagle** · 07-06-2012, 23:04

can you post a scanned copy of the letter you have received so I can have a look at it?

read through it carefully - the reference to an intent to prosecute probably refers to the fact that they intend to prosecute you if you fail to admit to being the driver and / or refuse to pay the fixed penalty which follows.

very unlikely you will have to appear in court for this (although scots law differs from english law I can't imagine it differs too greatly in relation to an offence like this). the only reason why you might is if there is more to this than mere speeding - e.g. dangerous driving etc....

I was in the ranks and I never informed anyone when caught speeding; there were never any repercussions - whether it is a different matter for ruperts i couldn't tell you...

**CQMS** · 07-06-2012, 23:05

Cough to being the driver, you'll probably get a fixed penalty and 3 points, there is no guarantee of this.

As PA rightly says, integrity.

**cernunnos** · 07-06-2012, 23:06

Deny everything Baldrick!

**red_square** · 07-06-2012, 23:06

service test

**Stooriefit** · 07-06-2012, 23:20

An average of 53mph in a 40mph zone, particularly over a decent distance is actually quite high, so expect an FPT for at least 3 points and £60 and if you get that, consider yourself lucky. If it's around the roadworks either side of the Forth Road Bridge, it could be a higher penalty as the average speed zones are there to protect workmen.

**Legallybald** · 07-06-2012, 23:20

Originally Posted by legal_eagle

can you post a scanned copy of the letter you have received so I can have a look at it?

read through it carefully - the reference to an intent to prosecute probably refers to the fact that they intend to prosecute you if you fail to admit to being the driver and / or refuse to pay the fixed penalty which follows.

very unlikely you will have to appear in court for this (although scots law differs from english law I can't imagine it differs too greatly in relation to an offence like this). the only reason why you might is if there is more to this than mere speeding - e.g. dangerous driving etc....

I was in the ranks and I never informed anyone when caught speeding; there were never any repercussions - whether it is a different matter for ruperts i couldn't tell you...

It goes to the Procurator Fiscal if a fixed penalty is offered, then either refused or not responded to. The NIP just preserves the Crown's position in the event that other driving charges are added/replaced by the PF which is unlikely.

Having said that, 53 in a 40 is likely to be 3 points and £60 - even if after an initial not guilty, disclosure and taken as far as the JP Court before the guilty plea is entered (at least this was the case a couple of years back)!