Summons: time limit after accident?

[jaykay]

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

That should help.

Still says I'm not important enough.

Jaykay

[SixPackBack]

Still says I'm not important enough.

Jaykay

In a nutshell it says one of the coppers favourite techniques is to hold a court date without inviting you, if you have proof this has happened you can apply for a re-hearing at your local court. If the date was read out at a previous court date [most likley because the officer concerned did not turn up-another favourite of the Police] and nothing was written down you are fucked.

It also says the system is supprisingly corrupt, and in a nutshell without a great deal of work and lawyer help from you, the court will believe the copper.

[Usarka]

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.

Was sort of my understanding too when i wrote the OP.

And no I'm not looking forward to it especially as I've already effectively had a 4 month sentence of pain, boredom and loss of income. Not sure how'll I'll get to work for the 1 month stand down period where you can't get a work license.

In a nutshell it says one of the coppers favourite techniques is to hold a court date without inviting you, if you have proof this has happened you can apply for a re-hearing at your local court.

Thanks for the tip.

I'd better check with the court in case it was him trying to ring one of those times when it was too hard for me to get up and answer the phone.....

[Felicks]

(Apologies for the late post.)

So what happened in the end?? Did a summons come?

I can confirm the 6 month statue of limitations applies but rarely doesn't anything go beyond say 1 - 2 months. If it has, the cop has probably decided not to charge or has forgotten about it. As i mentioned in another thread, the closer you get to 6 months, the better your chances of succeding with a defence of 'undue delay'.

No - you don't have to 'pick up' up summons'. The onus is on Police to serve it on you. But if you are really keen, you could drop by and pick it up.

Also remember that you can only be arrested on a Warrant for Failing to Appear at court after a summons has been served, if the offence for which you have been charged can be dealt with by Indictment ie imprisonment. If the penalty is fine only, a warrant cannot be sought.

In those cases, the courts will generally enlarge the date on the Information ie put if off until the Police locate you and serve the summons, but after some months, the matters are usually Withdrawn.