NI: Driver gets fined just 1p for speeding

Atomic Pineapple

Apologies if this has been posted before, its a little old but search brought up nothing.

http://www.bbc.co.uk/news/uk-northern-ireland-11530806

BBC NEWS wrote:

A man prosecuted for driving at 45mph in a 30mph zone has been fined 1p at a court in County Londonderry.

He was offered a fixed penalty notice but failed to take it up in time.

Magherafelt District Judge Desmond Perry fined Mr Kane 1p and "with much regret" put three penalty points on his licence. However, he said the case "should never have been prosecuted".

The judge stated:

BBC NEWS wrote:

"Young people are being cautioned for assaults, and others for thefts. Here is a man of 52; of good character with no previous and he is prosecuted for being 15mph over the limit.

"Where is the discretion?"

And the prosecutions case was:

BBC NEWS wrote:

the defendant had been driving 50% in excess of the restriction and because of the potential risk to other road users and pedestrians, the case "merited prosecution".

"In this case, police informed the PPS that the Accused was driving at excess speed at about 4:15 pm in the vicinity of a school - there are obvious particular risks in such a case," they said.

Thoughts on this?
If it had of been a 19 year old in a Civic would the judge have felt the same?
Is 15 mph over in a 30mph zone near a school acceptable?

Cuddlesworth

draffodx wrote: »

Is 15 mph in a 30mph zone near a school acceptable?

No, its too slow.

neilthefunkeone

Fine is a bit low but he still got the 3 penalty points on his license.. Could come back and up his premium in the future..

Cookie_Monster

50% over the speed limit is a bit much tbh, thats 72 kph in a 50 equiv, outside a school at a time when you can reasonably expect a lot of kids around :mad:

3 points is right but a reasonable fine should have been imposed also.

Atomic Pineapple

Cuddlesworth wrote: »

No, its too slow.

The speed limit is too slow or the speed he was going was too slow?

neilthefunkeone wrote: »

Fine is a bit low but he still got the 3 penalty points on his license.. Could come back and up his premium in the future..

3 points is the minimum that has to be imposed, the judge only gave them to him because he had no choice.

Cookie_Monster

draffodx wrote: »

The speed limit is too slow or the speed he was going was too slow?

15 in a 30 is too slow, though I assume you meant either 45 or 15 over the limit

Anan1

Unless there are circumstances we haven't heard about, the judge sounds like a bit of a fool. He should have fined the driver twice the fixed penalty, along with the three points.

Midnight_EG

draffodx wrote: »

If it had of been a 19 year old in a Civic would the judge have felt the same?

:mad:

















:P

bladespin

We could do with a few judges like that here, a little bit of sense wouldn't go amiss, murderers walk free while someone who drives above the limit is automatically punished.

28064212

bladespin wrote: »

We could do with a few judges like that here, a little bit of sense wouldn't go amiss, murderers walk free while someone who drives above the limit is automatically punished.

It's nothing to do with "a little bit of sense". It's the blatant double standard. Like draffodx stated, would a 19 year old in a Civic have received a 1p fine?

bladespin

28064212 wrote: »

It's nothing to do with "a little bit of sense". It's the blatant double standard. Like draffodx stated, would a 19 year old in a Civic have received a 1p fine?

I'm not questioning whether it's a double standard, to know that you would have to have a 19yr old up next for the same offence, do you have any proof a double standard was applied? There's none in the article.

My point is, as the judge pointed out, 'Young people are being cautioned for assaults, and others for thefts. Here is a man of 52; of good character with no previous and he is prosecuted for being 15mph over the limit' It's a fairly minor offence compared to assault yet one is prosecuted the other walks with a caution - the same goes on here every day.

Anan1

bladespin wrote: »

My point is, as the judge pointed out, 'Young people are being cautioned for assaults, and others for thefts. Here is a man of 52; of good character with no previous and he is prosecuted for being 15mph over the limit' It's a fairly minor offence compared to assault yet one is prosecuted the other walks with a caution - the same goes on here every day.

Wasn't he being prosecuted for failing to pay the fine?

bladespin

Anan1 wrote: »

Wasn't he being prosecuted for failing to pay the fine?

No, he didn't accept the fixed penalty (in time) so had to go to court.

Ghost Estate

draffodx wrote: »

Is 15 mph in a 30mph zone near a school acceptable?

only if a MILF is present

ToxicPaddy

Definitely double standards there.

If it was a younger driver doing the same, the book would have been thrown at him. Just because he has no previous convictions doesnt mean he is a saint, it might be a case of he was never caught..

I know some guys in their 40's and 50's who are bloody lunatics on the road, aggressive, inconsiderate and bloody well dangerous on the roads.. yet they have no penalty points and have never been caught speeding..

I think that judge was fed a sob story by a very good solicitor and swallowed every word of it.. :rolleyes:

If a person assaults someone, yes they should be done for it, if someone steals someone they should be done for it, if someone speeds excessively like this guy, he should be done for it.. end of!! :mad:

That judge needs a serious kick up the a*rs and a serious dose of reality.. idiot.. :mad:

Anan1

bladespin wrote: »

No, he didn't accept the fixed penalty (in time) so had to go to court.

Isn't that what I said?;)