notice of intended prosecution

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A written notice issued to someone charged with any of certain specified driving offences stating that he or she will be prosecuted. These offences are: speeding, dangerous driving, careless and inconsiderate driving, ignoring traffic signals, and leaving a car in a dangerous position (see obstruction). If the offender was not warned when he committed the offence that he might be prosecuted for it, he cannot normally be subsequently prosecuted unless he is served with either a summons or a notice of intended prosecution within 14 days of committing the offence (Gibson v Dalton [1980] RTR 410). If he is prosecuted nonetheless, he may appeal against his conviction. If the notice was posted by registered or recorded mail so that it would normally have arrived within the 14 days, the motorist cannot plead that he did not receive it within that time. It is not necessary to serve a notice of intended prosecution when: (1) an accident happened at the time of the alleged offence owing to the presence on the road of the car involved in the alleged offence; (2) it was not possible to find out the name and address of the accused (or registered owner) in time; or (3) the motorist is charged with causing death by dangerous driving, causing death by careless or inconsiderate driving, or drunken driving.

Subjects: Law.

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