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PostPosted: Thu Sep 03, 2009 19:04 
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http://www.telegraph.co.uk/news/newstop ... -work.html


I will make a second post to add comments in chunks.

Telegraph wrote:
Policeman caught speeding at 100mph 'because he was late for work'
A police officer with more than 20 years experience, Matthew Stott, was allowed to keep his licence despite admitting speeding at 100mph because he did not want to be “late for work”, a court heard.

By Andrew Hough
Published: 7:00AM BST 03 Sep 2009

The Suffolk police constable, 40, was suffering “stress-related problems” at work when he was recorded speeding at more than 30 mph above the normal limit earlier this year, South East Suffolk magistrates court was told.

But he instead of banning him from driving, the magistrate decided to put six penalty points on his previously clean driving licence instead and issue him with a fine.


He was also fined £320 plus £85 costs with a £15 victim surcharge.

Road safety campaigners last night reacted with fury, labelling the decision an example of “one rule for police and another for everybody else”.

Experts say that while the final decision rests with the judge, under the law most motorists caught doing 100mph would expect to be banned.

The father of three, and a 20 year veteran, is now facing an internal investigation from Suffolk police, which could lead to disciplinary action.

The court was told the officer was recorded speeding in his Vauxhall Vectra on the A14 dual carriageway at Bucklesham near Ipswich, Suffolk.

He had been caught by a mobile camera van parked in a lay-by at 9 am as he was rushing to work on May 6, prosecutors said.

The court heard he worked in Bury St Edmunds, Suffolk, neighbourhood response team that dealt with 999 calls.

Ben Gordon, defending Stott, told the court: "He was on his way to work in the morning.

“Due to difficulties he was suffering at the time, he was desperate not to be late for work.

"He had been suffering stress-related problems.”

He added: “He regrets what has happened.

"He accepts his judgement was wrong."

Anne Walker, the presiding magistrate, said she would not ban from him driving after taking into account his early guilty plea and mitigating factors.

Claire Armstrong, co-founder of Safe Speed, a road safety group, said the decision “defied belief”, labelling it one that set a bad example for others drivers.

“There is always a danger that when police are not banned for offences that others are very likely to be, it puts out a double standard that encourages the hypocritical belief that there is one rule for them and one rule for everyone else,” she said outside court.

“That alone is driving the rift between the police and the public.

“When other people are caught driving at 100mph they are usually banned, or sometimes even worse.”

She added: “It defies belief really.”

In June, three High Court judges ruled that the “special skill” of a police driver was an “irrelevant circumstance” when considering whether driving was dangerous.

Their ruling on the issue of a driver's skills arose out of the case of Sergeant Craig Bannister, 30, of Briton Ferry, Neath, South Wales, who was originally sentenced to five months in Jail after earlier being found guilty of dangerous driving.

Bannister, who qualified as an advanced police driver a month before the accident, was driving on the M4 near Swansea when his BMW 5 series spun out of control after he reached speeds of up to 120mph.

A Suffolk Police spokesman declined to answer a series of questions, due to an internal inquiry.

"There will be an internal investigation and so we cannot comment further at this stage,” he said.

They would not confirm he was still on active service.

A Department of Transport spokeswoman said it was up to a judge’s discretion on each case.

“The Road Traffic Offenders Act 1988 indicates that a judge may consider a disqualification for excessive speed however this is not mandatory,” she said.

“Each case will be for the judge or magistrate to consider individually.

“Where no disqualification is given, the offender must however be given an endorsement on their licence.”

Latest figures show just 0.1 per cent of officers caught speeding by cameras were fined, with police vehicles activating speed cameras more than 107,000 times.

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PostPosted: Thu Sep 03, 2009 19:53 
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OK .. so you read without my interrupting babblings :lol:

Now I get claws out! :twisted:

:stop:
If you are a visiting bib.. I comment only on this fool or bruised apple. :wink: IG und Stephen und IanH et al are immune as they know me well by now :lol:


(Smiley guy fest .. we are below spon/don target for some reason. :( .. No matter .. I hit throttle.. zip into gear..


story wrote:
Policeman caught speeding at 100mph 'because he was late for work'
A police officer with more than 20 years experience, Matthew Stott, was allowed to keep his licence despite admitting speeding at 100mph because he did not want to be “late for work”, a court heard.

By Andrew Hough
Published: 7:00AM BST 03 Sep 2009

The Suffolk police constable, 40, was suffering “stress-related problems” at work when he was recorded speeding at more than 30 mph above the normal limit earlier this year, South East Suffolk magistrates court was told.



I suspect he late for shift und been disciplined then :popcorn: He need to get better organised. S und T mean SPACE und [size=150} planning your journey by allowing sufficinet time to get there. Oh . we all have an obligation or responsibility to show courtesy of punctuality. Rest of us are told to "get organised." There are even SCP games which see nowt wrong in being ten minutes late whether you play or not :popcorn:[size] Sorry to shout a bit here.. :bunker: but there he has no real excuse here really. If you 5 minute late for SAC or DIS .. you are held to be in contempt und case refer back to CPS at that point .. so I fail to see his "special case here" :bunker: Sorry but that how it ist for the rest of us .. the majority of the public out there. .. in any profession. :popcorn:

Sugggeston . get up earlier und leave PH posting alone :wink: You know you lose track of time there :hehe: :popcorn:

Quote:
But he instead of banning him from driving, the magistrate decided to put six penalty points on his previously clean driving licence instead and issue him with a fine.


Stott, of Stowmarket, Suffolk, who admitted speeding, was also fined £320 plus £85 costs with a £15 victim surcharge.

Road safety campaigners last night reacted with fury, labelling the decision an example of “one rule for police and another for everybody else”.

Experts say that while the final decision rests with the judge, under the law most motorists caught doing 100mph would expect to be banned.


Indeed. :yesyes:

Quote:
The father of three, and a 20 year veteran, is now facing an internal investigation from Suffolk police, which could lead to disciplinary action.


If he a recidivist "tardy person" already under warning .. it not look good :popcorn:

If I get foster child to school 5 mins late to register .. me und Ted as foster parents would be done for "truancy". We leave UK soon .. but that was our situation over the more recent years :popcorn: (We keep in touch with all these fosters und we adopt the aspergic one who go to USA with us.)


I fail to see why this officer should be treated differently from the rest of the majority population to be honest. Police ARE NOT ABOVE THE LAW! I would expect him to receive what the rest would receive as punishment. :listenup: It ist not anti police not anti-establishment to hold such an opinion Most normal decent professionals would be of similar opinion as peers to this officer.

if a police officer holds me to be "anti police" to express such opinion . then I would question his right to wear that hard earned by training und public expectation uniform. :banghead:



Quote:
The court was told the officer was recorded speeding in his Vauxhall Vectra on the A14 dual carriageway at Bucklesham near Ipswich, Suffolk.

He had been caught by a mobile camera van parked in a lay-by at 9 am as he was rushing to work on May 6, prosecutors said.

The court heard he worked in Bury St Edmunds, Suffolk, neighbourhood response team that dealt with 999 calls.


SO? Then he should be more than aware of the need to use a safepeed . especially in a known cam hot spot. Hell .. even I know there ist a cam van there very often :roll: Just from visits to family in Cambs und sorties around the area.

Quote:
Ben Gordon, defending Stott, told the court: "He was on his way to work in the morning.

“Due to difficulties he was suffering at the time, he was desperate not to be late for work.


In other words . he had been already disciplined for being disorganised und late every day :popcorn: I wasnot born yesterday. I have staff who report to me after all :wink: when not on "maternity jolly". I am fair .. I do not expect them to arrive to contracted start time. I know they may be delayed. I expect them to make up the time. However, I appreciate police und teachers und hospital based medics und many others have no such leeway because of public expectation und timetables und so was. This guy knew the score. He should have got up earlier und set off earlier as obligated under contract of work to specific criteria here..

Quote:
"He had been suffering stress-related problems.”

He added: “He regrets what has happened.

"He accepts his judgement was wrong."



Likewise all others in similar straits who do not get such leniency. :popcorn:

Quote:
Anne Walker, the presiding magistrate, said she would not ban from him driving after taking into account his early guilty plea and mitigating factors.



I have no proof but it sound like he was habitually late for work. A decent employer make allowance for the unavoidable delay.. but we all know or should know our journey und routine hazards on way to our work. As said .. I make such allowances but I would not be deceived by p155 takers either :wink:

Quote:

Claire Armstrong, co-founder of Safe Speed, a road safety group, said the decision “defied belief”, labelling it one that set a bad example for others drivers.

“There is always a danger that when police are not banned for offences that others are very likely to be, it puts out a double standard that encourages the hypocritical belief that there is one rule for them and one rule for everyone else,” she said outside court.

“That alone is driving the rift between the police and the public.

“When other people are caught driving at 100mph they are usually banned, or sometimes even worse.”

She added: “It defies belief really.”



Indeed.

Quote:

In June, three High Court judges ruled that the “special skill” of a police driver was an “irrelevant circumstance” when considering whether driving was dangerous.

Their ruling on the issue of a driver's skills arose out of the case of Sergeant Craig Bannister, 30, of Briton Ferry, Neath, South Wales, who was originally sentenced to five months in Jail after earlier being found guilty of dangerous driving.

Bannister, who qualified as an advanced police driver a month before the accident, was driving on the M4 near Swansea when his BMW 5 series spun out of control after he reached speeds of up to 120mph.




This situation was slightly different. I have the link now. I will update the existing thread accordingly with my take on this. The cases are based on very different points of law in any case. :popcorn: as I chat to magistrate in-laws und the lawyers in the family to get some sense or knowledge to make a reply for discussion. :wink: .

Quote:
A Suffolk Police spokesman declined to answer a series of questions, due to an internal inquiry.

"There will be an internal investigation and so we cannot comment further at this stage,” he said.

They would not confirm he was still on active service.


Cowards/ :roll:

Quote:
A Department of Transport spokeswoman said it was up to a judge’s discretion on each case.

“The Road Traffic Offenders Act 1988 indicates that a judge may consider a disqualification for excessive speed however this is not mandatory,” she said.

“Each case will be for the judge or magistrate to consider individually.

“Where no disqualification is given, the offender must however be given an endorsement on their licence.”


Based on the evidence.. counsel's arguments in defence.. mitigation und the bench book .. The in-laws are now serving .. they will not comment in public on cases und whilst they may have given me insight .. I am honour bound to allude but not name such confidences of real life example. :popcorn:

Quote:
Latest figures show just 0.1 per cent of officers caught speeding by cameras were fined, with police vehicles activating speed cameras more than 107,000 times.


Look .. we know th paperwork cost to NHS. Another reason to not think s/cams are bees knees und better than the invention of sliced bread und the toaster! :popcorn:

_________________
Nicht ganz im Lot!
Ich setze mich immer wieder in die Nesseln! Der Mad Doc ist mein Mann! Und ich benutzte seinen PC!

UND OUR SMILEYS? Smile ... und the the world smiles with you.
Smiley guy seen when you read
Fine me for Safe Speed
(& other good causes..)

Greatest love & Greatest Achievements Require Greatest Risk
But if you lose the driving plan - don't lose the COAST lesson.
Me?
Je ne regrette rien
!


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PostPosted: Fri Sep 04, 2009 09:52 
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While I believe all instances of 100mph in a 70 mph limit should receive a ban this result is not unusual.

It is a frequent occurence for a first offence in a 70 mph speed limit.

PC Stott has every right to be treated the same as Mr Stott would be and as far as my experience is concerned he has been.

For whatever reason, 100mph in a 70 mph speed limit is no longer treated as an automatic ban for anyone.


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PostPosted: Fri Sep 04, 2009 10:11 
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100mph on a 70mph duel carriageway is not unsafe.
on one side...
it is quite common to escape a ban for 100-109mph if you have a clean record.
on the other side...
Mitigation allows extra credit for police fire and ambulance in the magistraites sentencing guidelines.
Why should a policeman or ambulance driver get extra mitigation compared with any other professional driver who would be hit harder? !!!

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Fri Sep 04, 2009 10:34 
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anton wrote:
100mph on a 70mph duel carriageway is not unsafe.
on one side...
it is quite common to escape a ban for 100-109mph if you have a clean record.
on the other side...
Mitigation allows extra credit for police fire and ambulance in the magistraites sentencing guidelines.
Why should a policeman or ambulance driver get extra mitigation compared with any other professional driver who would be hit harder? !!!

This whole campaign (if you can call it that) is based upon the skill of the driver and self determining driving rules; that is probably why a police driver, not all police are trained to higher levels of driving, are given some credit for that training. I believe a professional driver would be also however it depends on the drivers exact profession; an HGV driver perhaps would not be skilled in high speed driving so would credit no mitigation for speed perhaps.
If the drivers ability is mitigating then it would apply to anyone who wishes to forward it, the police officer profession does not and should not give automatic mitigation just as it shouln't be used as automatic censure in sentencing.

100mph on one side of a dual carriageway is less safe than 70 mph, that's why speed limits are used to manage the sped of vehicles and self determining methods of maximum speed by the driver is not and in my belief never will be.


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PostPosted: Fri Sep 04, 2009 11:44 
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GreenShed wrote:
anton wrote:
100mph on a 70mph duel carriageway is not unsafe.
on one side...
it is quite common to escape a ban for 100-109mph if you have a clean record.
on the other side...
Mitigation allows extra credit for police fire and ambulance in the magistraites sentencing guidelines.
Why should a policeman or ambulance driver get extra mitigation compared with any other professional driver who would be hit harder? !!!

This whole campaign (if you can call it that) is based upon the skill of the driver and self determining driving rules; that is probably why a police driver, not all police are trained to higher levels of driving, are given some credit for that training. I believe a professional driver would be also however it depends on the drivers exact profession; an HGV driver perhaps would not be skilled in high speed driving so would credit no mitigation for speed perhaps.
If the drivers ability is mitigating then it would apply to anyone who wishes to forward it, the police officer profession does not and should not give automatic mitigation just as it shouln't be used as automatic censure in sentencing.

100mph on one side of a dual carriageway is less safe than 70 mph, that's why speed limits are used to manage the sped of vehicles and self determining methods of maximum speed by the driver is not and in my belief never will be.



The mitigation should not really be based on the level of training . but on the actual conditions at the time.. which a skilled driver would be taking note of.


In the case of a driver blatting past a cam van at over the ton because he ist "late for work" does not measure the skill/

In this case this driver was too far fussed over being late for work und perhaps a telling off for unpunctuality than he was on his driving. Thus he could not be held to be concentrating on the road .. which fast speedy driving require. C mean CONCENTRATE und it apply to all of us :wink:

_________________
Nicht ganz im Lot!
Ich setze mich immer wieder in die Nesseln! Der Mad Doc ist mein Mann! Und ich benutzte seinen PC!

UND OUR SMILEYS? Smile ... und the the world smiles with you.
Smiley guy seen when you read
Fine me for Safe Speed
(& other good causes..)

Greatest love & Greatest Achievements Require Greatest Risk
But if you lose the driving plan - don't lose the COAST lesson.
Me?
Je ne regrette rien
!


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 Profile Send private message  
 
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