stevei wrote:
The difference as I see it, Gatsobait, is one of necessity. The chap who was supposedly testing the new police car managed to argue that it was necessary to drive at the speeds he did, as he might need to do that in an emergency.
I would have said going to see a victim of crime in hospital at 35mph is arguably of at least as much value to society, and therfore a necessity. Just my two pennyworth, and obviously it doesn't relieve him of the obligation to drive safely at whatever speed. We don't really know the circumstances in this instance - how busy was it, what were the weather conditions like, what's the nature of the road where the officer was speeding and so on. I'd hope the court got all that info and was able to make a decision about how safe or dangerous it was, but speeding being an absolute offence there doesn't seem to be any obligation to consider that.
stevei wrote:
I don't agree that they should ask whether or not he was safe, unless you are advocating that this should apply in all speeding cases.
I am in a way.
stevei wrote:
The problem is that it is close to impossible to determine whether it was truly safe, or whether the driver is incurring an increase in risk of 0.00000000001% that will, over large numbers of examples of drivers incurring the same miniscule increase in risk, increase the accident rate.
I don't think the test is a realistic one. No speed is ever "truly safe" as in absolutely zero risk to anyone. I can't think of any behaviour or activity that doesn't carry with it some element of risk, no matter how tiny. We can't ask if a driver's behaviour is absolutely safe, since it never will be. We can only ask, and IMO we should be asking, if it carried an acceptably low level of risk in the circumstances. I feel that this question should be asked at every stage in the process. At the point of the offence someone should be asking if the behaviour carries a level of risk that justifies prosecution (not really possible while they rely on cameras to do the job of coppers), and courts/CPS should be asking if prosecution is in the public interest.