Summons: time limit after accident?

**Usarka** · 28th June 2009, 19:39

Had a weee accident back in Feb, received a traffic offence notice but haven't been summoned yet.....

Is there a time limit for any of this? Or do I continue to live with the dread everytime I open the letter box.

Considered calling the cops to see if it'd been lost in case they thought I was a no show, but don't want to draw attention to it in case the answer to above is yes........

Chur.

**sparky.scott** · 28th June 2009, 19:40

I just got the notice on Friday that im being charged and this is two months after my accident so dont know about time limits on anything

**p.dath** · 28th June 2009, 19:44

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

**Madness** · 28th June 2009, 19:48

My understanding is that they (the Po-po) have to file the Information in Court within 6 months of the date of the offence.

Edit: Don't fear the letterbox. Instead, smoke Ganga with the windows open, they generally have to serve a Summons following a TON.

**SixPackBack** · 28th June 2009, 20:07

Originally Posted by p.dath

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

Not true. I have yet to appear for a minor speeding ticket 27 months ago. Read the details on the link below

**Usarka** · 28th June 2009, 20:21

Originally Posted by Madness

Edit: Don't fear the letterbox. Instead, smoke Ganga with the windows open, they generally have to serve a Summons following a TON.

I believe one has to "uplift" the summons from the cop shop these days....

**marty** · 28th June 2009, 20:28

Originally Posted by p.dath

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

great advice there DP.

there's a few issues here.

1. time limit for the information (charge) to be laid - 6 months.
2. once it's laid, the summons will be attempted to be served pretty quickly (usually within 28 days of being laid). if they can't find you by the second attempt, or it's obvious that the address you gave is no longer/not valid they will seek a 'warrant in lieu of summons' which means you can be arrested when found and delivered either direct to court (if it's open) or to the cells til it is.
3. If you were given a TON, the summons process is probably under way - the decision about you being charged was made when it was issued to you.
4. The time taken for a subpoena for a witness attendance at court has no relevance to this matter.
5. Once the charge is laid, if it doesn't proceed because you can't be located, it is unlikely to be thrown out for delay reasons.

**Madness** · 28th June 2009, 20:30

Originally Posted by Usarka

I believe one has to "uplift" the summons from the cop shop these days....

Too true, I forgot that bit. My local Po-po station is open from 9 til 4.40, or something as equally inconvenient. I refused to take time off work to do their lacky work, so finally they dropped it off.

**Gremlin** · 28th June 2009, 23:03

When a summons is involved, (well, in my case at least) I was rung, and told of the summons.

Apparently, due to possible distress/image of a police car turning up, they offer you the chance to collect from the local police station for a few days before they attempt to deliver it.

As marty says, the original filing in court has to be done within 6 months of the offence occurring.

**Usarka** · 29th June 2009, 08:20

Originally Posted by marty

great advice there DP.

there's a few issues here.

1. time limit for the information (charge) to be laid - 6 months.
2. once it's laid, the summons will be attempted to be served pretty quickly (usually within 28 days of being laid).
3. If you were given a TON, the summons process is probably under way - the decision about you being charged was made when it was issued to you.

Thanks Marty,

Do I get confirmation of the charge actually being laid, or is the TON it..? The TON was a couple of months ago - I noticed the words along the lines of "charges are being considered" on the back. I optimistically thought that might have been whether to charge rather than how to charge.....

Bugger, it would have been good to lose my licence while I was in and out of hospital and unable to drive/work/shit etc.

**marty** · 29th June 2009, 09:38

ring the court closest to where you were stopped, talk to the criminal section, ask them.

**jaykay** · 30th June 2009, 21:14

Originally Posted by SixPackBack

Not true. I have yet to appear for a minor speeding ticket 27 months ago. Read the details on the link below

Tell me more (can't access the link). The longest wait I'm involved with at present is from Waitangi Day 2007 (not mine). The only one I personally have is a mere eight months old. Both are usual story, hearing requested within correct timescales - police claimed it was received too late - courts have never chased up the Notice of Fine.

**SixPackBack** · 30th June 2009, 21:18

Originally Posted by jaykay

Tell me more (can't access the link). The longest wait I'm involved with at present is from Waitangi Day 2007 (not mine). The only one I personally have is a mere eight months old. Both are usual story, hearing requested within correct timescales - police claimed it was received too late - courts have never chased up the Notice of Fine.

http://www.kiwibiker.co.nz/forums/usernote.php?u=2114

That should help.

**YellowDog** · 30th June 2009, 21:36

My understanding is that thr Statute of Limitations is six months.

This means that they have six months from the time of the alledged offence to decide wherther to take it further.

The last one of these I got screwed on was six months and one week old. It was backdated to be exactly six months after the alleged 173kph. The six month ban was no fun at all.

**SixPackBack** · 30th June 2009, 21:39

Originally Posted by YellowDog

My understanding is that thr Statute of Limitations is six months.

This means that they have six months from the time of the alledged offence to decide wherther to take it further.

The last one of these I got screwed on was six months and one week old. It was backdated to be exactly six months after the alleged 173kph. The six month ban was no fun at all.

My understanding is the system is corupt and once the filth point a chicken bone your fucked.
Avoidance is the answer.