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PostPosted: Sat May 27, 2006 10:28 
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Was the headline on page 23 of yesterday's "Manchester" as reported by Alan Salter

Quote:

A fireman caught speeding through roadworks whilst off duty has won a battle to save his licence and his job.

Chris R - a Manchester Airport Fire/Emergency officer was flashed at 66 mph as he drove in the road works on the M60.


:shock: :? Since when could anyone drive at any speed on the M60 :scratchchin: Ahh... 11.30 pm and empty of course .. :roll:

Quote:

He feared his 6 year career would be over when he received a summons to court and not a NIP - as he was over 200 mph above the limit.

But his solicitors got the case thrown out on a point :wink: of law

Mr Ryan's terms of employment state very clearly that withdrawl of his driving licence will result in his P45 - immediate termination of his employment.

Chris told the Manchester journalist

" The first I knew about it was when they asked me to appear in court so that they could ban me from driving. It was near the Sale Water Park at 11.30 pm. I believed the limit was 70 mph as we were heading out of the roadworks.


Hmmm :scratcchin: I thought the work had extended to J5/M56 exit? Must be mistaken.. some time since I went to Wythenshawe to liaise with heart surgery for "heart attacked by lurgy situation"

Anyway ... back to the story...

[quote]

Chris's solicitors argued on his behalf over several points :wink: of law. Apparently the clincher was ...

The CPS could not prove that an NIP had been servedwithin 14 days.

and crucially and this could be something for Paul to explore -

The defence argued that there was a need to show that the tempory limit was in force at the tempo speed cam site and that the pratnership had failed and refused -- even in court - to provide the negatives from the camera.


Chris the fireman said "I was elated. It was like the weight of the world had been lifted from my shoulders. If I lost my licence - it would have placed the fire service at the airport in an awkward situation as well as myself on the dole."

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PostPosted: Sat May 27, 2006 10:35 
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Quote:
He feared his 6 year career would be over when he received a summons to court and not a NIP - as he was over 200 mph above the limit.


:shock: What the hell was he driving? I want one! :wink:
And on a fireman's salary too!

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PostPosted: Sat May 27, 2006 10:52 
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:oops: :oops:

I cannot type!

It should read;

He feared his 16 year career would be over when he recieved a summons to go to court and not an NIP - as he was over 20 mph above the limit.

:oops: :oops: :oops: :oops:

Does not say what he was driving... but he was off duty so it was not his fire engine.. :roll:

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Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

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PostPosted: Sat May 27, 2006 12:01 
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If the prospective consequences/punishment for an offence is to all intents and purposes prospective job loss, I think there is grounds for refusal to disclose.


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PostPosted: Sat May 27, 2006 22:46 
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Roger wrote:
If the prospective consequences/punishment for an offence is to all intents and purposes prospective job loss, I think there is grounds for refusal to disclose.


Err. Sorry. Clarify please.


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PostPosted: Sat May 27, 2006 23:04 
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Grumps wrote:
Roger wrote:
If the prospective consequences/punishment for an offence is to all intents and purposes prospective job loss, I think there is grounds for refusal to disclose.


Err. Sorry. Clarify please.


I'm guessing the Roger is referring to Brown -v- Stott where it was decided that the S172 procedure did not violate the right to silence in 'minor' cases. I agree that there would be a case to argue. I reckon it's 50/50 if you would win that one.

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PostPosted: Sat May 27, 2006 23:48 
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Thanks, Paul.

In fact I was not thinking of any speific case. I remember reading s172 a few years ago and deciding that one only needed to make a disclosure where consequences would be minor. Eg, if the alleged offence was ban teritory, the burden of disclosure was removed.

This may have changed though - or I may be remembering wrong. I've not looked at this aspect in several years.

I do remember coming up with a toung-in-cheek motto though

If you're going to speed past a camera, do it properly :twisted:


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PostPosted: Tue May 30, 2006 15:54 
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of course sticking to the limit always works, after all this prat must have had another 9 points on his licence BEFORE this court date, he knows the rules, knows he needs his licence for work, before you speed freaks start telling me that it was all a mistake, it was all 4 mistakes!!

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PostPosted: Tue May 30, 2006 15:57 
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the sensible majority wrote:
of course sticking to the limit always works, after all this prat must have had another 9 points on his licence BEFORE this court date, he knows the rules, knows he needs his licence for work, before you speed freaks start telling me that it was all a mistake, it was all 4 mistakes!!


We aren't told the point count prior to this alleged offence. However, I understand that being found guilty of travelling in excess of a speed limit by 20mph empowers the Magistrates to inflict a ban at their discretion.


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PostPosted: Tue May 30, 2006 16:00 
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TSM you are wrong, the court summons limit for a 40 limit is 66 mph, so he could quite likely have 0 points and face a temporary ban.


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PostPosted: Tue May 30, 2006 16:03 
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the sensible majority wrote:
of course sticking to the limit always works, after all this prat must have had another 9 points on his licence BEFORE this court date, he knows the rules, knows he needs his licence for work, before you speed freaks start telling me that it was all a mistake, it was all 4 mistakes!!

:yawn: Don't you ever read other posts before you comment?

Chris the firefighter wrote:
The first I knew about it was when they asked me to appear in court so that they could ban me from driving. It was near the Sale Water Park at 11.30 pm. I believed the limit was 70 mph as we were heading out of the roadworks.

He was driving at the normal speed limit for the road because he believed that the temporary reduction in speed limit was over.


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PostPosted: Tue May 30, 2006 20:23 
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Yes I read the post, Did this fire fighter not read the road signs, undue care and attention as well as speeding, excuses after excuse with fools like PS helping people avoid the duty on all drivers to drive sensibly, safely and within the speed limit.

note All 3 not just picking the rules we WANT to be there.

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PostPosted: Tue May 30, 2006 21:43 
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the ad hominem majority wrote:
fools like PS


:?


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