6 Month Time Limit

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Metabolites

Member
I was wondering what the requirements were for the time limit of Magistrate Court cases involving RTA 5/Over drugs limmit while driving as i see lots of varying opinion.
Most state cases must be 'laid before the court' within 6 months of the offence being committed for such driving offences. For summary only the case is "put before the court" at the same time as postal requisition which includes receipt by the defendant. The definition of receipt of a PR/Summons seems to be 2 working days the day after it was sent by first-class post.
I was arrested for a positive drugs test driving on 3/6/23. I received the postal requisition on 4/12/23 although i didn't open it for quite a few days after that not knowing what it was.
Would this be over the 6 month time limit?

A couple of other questions.. could an addition to the defence case that the testing company Eurofins Forensic UK admitted to dealing with and payment to 'criminals' in 2019//2022 to gain back their hacked IT systems and so would be unrealiable/non compliant
Their current UKAS accredition was issued 15/11/23 when my FSR test/report was 10/11/23. The law also states that forensic testing coompanies may not be able to be accrediited or provide servies if they also provide consultancy services, which they do.
Thanks in advance.
 
To answer your first question, laid before the Court is the only requirement. The time it is posted or received is pretty much irrelevant.

As to the accreditation you would need to ask the CPS that question. If they had accreditation at the time of the test you would struggle no matter what but if for some reason they were not accredited it may well be a defence.

Kind regards
Martin.
 
When i first went to court (Oxford Magistrates) i asked to see the duty solicitor. Eventually we met, she took down all of my defence points. She then said, i quote "I can't give you any legal advice", and I can't assist you going into the court, but here's by card if yoy want to take me up with payment. She then went straight in to court, 5-10 minutes late came out and i went in 5 minutes later. I was pretty speechless after that, completely unaware of my legal positin in general, and on several points, plead and affect of a used apperance in court. Pretty unprofessional, if not a complete abuse of process and i suspect privelage.

Could there be any case to get the case dismissed or part of an appeal?
 
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