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Should this man have been prosecuted?

 
 
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paul
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PostPosted: Wed Jan 05, 2011 11:32 am    Post subject: Should this man have been prosecuted? Reply with quote

http://www.bbc.co.uk/news/uk-england-humber-12115179

What do you think?
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adigaskell
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PostPosted: Wed Jan 05, 2011 12:13 pm    Post subject: Reply with quote

That can't be an offence can it? Surely if it slows people down then it does the same job as the speed camera? Confused
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Kay
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PostPosted: Wed Jan 05, 2011 1:19 pm    Post subject: Reply with quote

Hmm, difficult.

It could be argued that he was trying to pervert the course of the law. People who speed should be prosecuted, so people who help them to avoid a punishment they deserve ought to be punished too.
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paul
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PostPosted: Wed Jan 05, 2011 4:08 pm    Post subject: Reply with quote

I think that's the argument from the prosecution, Kay.

However, I think you could also legimiately argue that he was using his lights for the right purpose - ie. to warn other motorists of a potential hazard.

A difficult one, I think... but whatever stance you take, I'd say it wasn't really worth pursuing. Surely there are bigger fish to fry...
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Kay
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PostPosted: Wed Jan 05, 2011 10:34 pm    Post subject: Reply with quote

I agree with most of your analysis, Paul, other than the fact that I would welcome any attempts to shut down dangerous drivers. People who aid and abet people to continue to drive dangerously are also a menace.

Since when was a speed gun a hazard - unless you're breaking the law by speeding? Twisted Evil

While they're at it, they can lock Jeremy Clarkson away too. Gawd, is that guy boring or what?
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PostPosted: Wed Jan 05, 2011 10:57 pm    Post subject: Reply with quote

1) If you work on the assumption that the speed gun was positioned at a place where excess speed was a hazard (using the same argument used for most speed cameras) then by slowing other traffic down this guy was preventing a potential accident in the same way as the guy with the speed gun.

2) By flashing people, he could make them check their speed and thus bring it down to what they thought they were travelling at (it's easy to go 5mph over), thus those who were accidently speeding will more than likely drive at a safer speed for the entire length of their journey and not just brake then speed up again.

3) The police keep complaining about lack of resources to prosecute criminals. Does this mean that the time taken for at least one officer for a day to attend this hearing is going to be the most effective way to prevent crime and make the public feel safer...? Me thinks not as the very most it needed was a simple warning or caution if they were that concerned....like you get for shoplifting, beating up old ladies, being drunk etc.

Perhaps they didn't get the little note about "we're running out of money, so need to target resources a little more wisely folks".


Edit: If you got a good lawyer, it could be argued that the police are accusing 1+ of the people who were flashed at, of breaking the speed limit until they were flashed at, thus they would have been stopped otherwise.

But they have no idea if any of those people were speeding, and the police are not allowed to make assumptions of guilt, only collect evidence and hand it over to the CPS. Therefore they might actually be breaking the law themselves, along with putting themselves in serious risk of slander.
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PostPosted: Sat May 07, 2011 6:32 am    Post subject: Reply with quote

Personally I think it is a waste or time to prosecute this. Probably an arsey polce type or CPS bod. FWIW this is prosecuted regularly in France.
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