SA Summons for Driving Offence from 5 Years Ago?

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jayne69

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29 December 2016
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I have just received a summons for a drug driving offence that was nearly 5years ago,which was a first offence that I did drug diversion for...Is this allowed?
 

Rod

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27 May 2014
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What was the actual charge? Should be on the notice, looking for the Act and section number they have charged you under.
 

jayne69

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29 December 2016
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Driving under the influence alcohol..section 47a Road Traffic Act, section 47b (1)(a).

Alcohol was.086. 4th March 2011. Then on the 3rd September 2011, I drove with meth in my system section 47BA (1)(a) of the Road Traffic Act.
 

Rod

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Unless there are exceptions, it is either 6 months after expiation notice due date, 6 months after offence, or in the case of an offence that is not expiable—the proceedings must be commenced within 2 years of the date on which the offence is alleged to have been committed. While you may be OK, you still need to go to court and state why the offences should not proceed.

But depends on whether there has already been a court hearing many years ago and you didn't attend. If the court orders are just catching up to you I'm not sure that they expire. Might be worth a call to the police and tell them and see what they say.
 

jayne69

Member
29 December 2016
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I'm pretty sure the DUI one was an on the spot fine, and the other, I did a drug diversion for, so it shouldn't be on my record.

Thanks...