What is a Notice of Intended Prosecution? If I get one what should I do and is there a way I can fight this?
Let’s get to the heart of the matter first and discuss what a Notice of Intent to Prosecute (NIP) is. The issuance of a PIN is done pursuant to section 172 of the Road Traffic Act 1988 and requires the registered owner of a vehicle to identify who was driving the vehicle at the time a traffic offense was committed.
An example where the need to accurately identify the driver of a vehicle can best be demonstrated by considering hit and run accidents resulting in death. According to Department of Transportation figures in 2008, approximately 3% (110) of deaths were caused by hit-and-run drivers, so any successful prosecution will depend on accurate proof of who was driving and when.
Under the Act, if the possessor of the vehicle cannot remember who was driving the vehicle at the time of the violation, the possessor may still be subject to prosecution. So a ‘bad memory’ is not necessarily a defense that retains water.
As you can imagine, in such circumstances, it is highly recommended to obtain a competent and specialized driving offense lawyer.
In addition, it should also be noted that a common misconception among the public is that PINs are only issued for speeding violations and, in particular, speed camera tickets. A list of some of the major crimes include:
1. Driving without due care and attention.
2. Dangerous driving.
3. Mobile phone crimes
4. Traffic light violations and
5. Speeding.
This list is not exhaustive, but it should highlight the wide variety of crimes that a notice of intent to prosecute may cover.
Now that you have an idea of what s172 is and what a notice of intent to prosecute is, what can be done about it?
The first logical question to ask yourself (and a little honesty is required here!) is how serious is the offense?
Let’s face it, a hit and run accident resulting in death or serious injury will be much more serious than speed camera tickets. Also, if you have been charged with drink driving, then that is a much more serious dilemma. A drink driving charge will be heard in a magistrates court and is a criminal offense not a motoring offense and again as I mentioned before in such serious cases it is highly desirable to have a competent lawyer to provide you with advice.
Okay, so assuming you’ve been issued a PIN and let’s assume it’s a speed camera ticket, one of the first steps is to know that a PIN needs to be issued and given to the driver or to the registered keeper within 14 days .
Now, before you decide to ‘go it alone’ and assume you have a valid defense, think again! This is where you need to get an expert because if you fill out the Notice of Intent to Prosecute incorrectly or do nothing with the Notice, you may end up with more penalty points and a higher fine than you possibly would have received if you had dealt with the intended Notice of Prosecution. correctly in the first place.
Looking, for example, at a more serious crime like drink driving, traffic offense lawyers and especially drink driving lawyers are worth their weight in gold. I’m not suggesting for one minute that you can ‘get off’ some sort of ticket, especially if the evidence is irrefutable, but the potential penalties can be mitigated to some degree and in some cases a good traffic violation lawyer may be able to. Challenge the driving offense successfully in court and have the magistrates acquit you or force the prosecution to drop a case where the correct laws on drunk driving or speeding have not been properly enforced.
A proper presentation by a legal expert in this field can usually help you fight, possibly defeat, or mitigate any penalties that may arise from a moving violation, and expert advice from a moving attorney is always recommended.
