Using a mobile phone when driving is okay...

[Crankarm]

I sent an email to the court in the link given above:

Title: FAO Judge Richards sentencing Mr Newton

Dear Judge Richards,

I have just seen this case which you are sitting on at http://www.edp24.co.uk/content/edp24/news/story.aspx? brand=EDPOnline&category=NewsSplash&tBrand=EDPOnline&tCategory=xDefault&itemid=NOED08%20May%202009%2020%3A28%3A33%3A517.

I would be very grateful if you can take a minute or two to read some of my comments.

I cycle around the East of England every day. My progress isn't made any safer by drivers chatting away on their mobile phones and putting me in danger. The standard of their driving is nearly always compromised and they either pass me with little room or fail to see me. Only last week a taxi driver whilst speaking on his mobile phone pulled out from a side road without looking into my path causing me to brake hard and swerve around him to avoid being struck. I was met with a tirade of offensive language. I was very shaken. I could have been seriously injured. That more and more drivers are choosing to ignore the law is, in part, due to the indulgence of judges and magistrates who seldom give the infraction the severity of punishment it that they are able to. Excusing crime because punishment would inconvenience the criminal is an abdication of responsibility. Please see that you fine this defendant Mr Karl Newton £1000 and provide him with 80 hours community service working with those injured in road traffic accidents. Also please order that his vehicle and phone be crushed. It goes without saying he should be disqualified under the points totting up procedure and have to re-take his driving test to regain his driving license. As Mr Newton has been before the court several times regarding the same offence I believe that on this occasion you should take the view that a more severe punishment is the only course of action. He clearly has disdain for the law. As a concession of clemency you could state that his ban from driving last only 12 weeks rather than 26, two of which he will be carrying out community service. Is there any indication that Karl Newton provides financially for his children given that his ex wife now has custody of the children? I believe he may well be using his domestic and work arrangements to avoid penalty. If you allow him back onto the road without disqualification or substantial penalty then could you please explain to the family of the person he will undoubtedly collide with possibly seriously injuring or killing them such as a cyclist if he continues to deliberately flout the court and road traffic legislation.
Judges really need to be taking a tough line on arrogant repeat offenders such as Mr Newton who clearly have contempt for the law and the courts
Yours sincerely,
...................
Cambridge

 

[Joe24]

If you were in the guys situation, and you needed the licence for your job, would you not give it a go then? Use the excuse in court that you need your licence.
I bet most of you would do, and why not if it might work.

 

[Crankarm]

If you were in the guys situation, and you needed the licence for your job, would you not give it a go then? Use the excuse in court that you need your licence.
I bet most of you would do, and why not if it might work.

Speak for yourself. I wouldn't as I would never be in court in the first place as I do not use a phone whilst driving or even cycling for that matter. Perverting the course of justice is a serious offence .

 

[sw3008]

Perverting the course of justice is a serious offence .

Have I missed something, who's perverting the couse of justice ?

He is well within his rights to ask for the ban to be lifted if it causes undue hardship.

 

[thomas]

If you were in the guys situation, and you needed the licence for your job, would you not give it a go then? Use the excuse in court that you need your licence.
I bet most of you would do, and why not if it might work.

My problem isn't with him asking. It's with him getting it. From where he lives there are definitely alternatives. I don't have my bike with me over exams, but when I'm back next year with my bike I don't want to be knocked off or killed by this idiot when he's using his phone.

Have I missed something, who's perverting the couse of justice ?

He is well within his rights to ask for the ban to be lifted if it causes undue hardship.

I wouldn't say he's perverting the course of justice....but no way should his ban have been lifted.

I wouldn't as I would never be in court in the first place as I do not use a phone whilst driving or even cycling for that matter. /quote]


+1!



Joe, say he gets caught again using his mobile phone when driving. Would it still be unfair then to remove his license (therefore, loosing his job, etc)?

 

[sw3008]

Joe, say he gets caught again using his mobile phone when driving. Would it still be unfair then to remove his license (therefore, loosing his job, etc)?

He won't get another chance, this was his one shot & he was lucky. If he gets anymore points for anything, he'll be banned. He's either got a good excuse, eg. only driver & someone who needs him to drive, or he's got a very good brief.

What's probably happened is that the Judge has given him 2 instead of 3 penalty points. When he get's another, he'll definately be off the road for a while no question.

 

[semislickstick]

Why didn't the guy learn from last time and buy a hands free kit for the car? Cheaper than a fine or risking your licence, chances are you wont get caught.

If he is to get his ban over turned for hardship purposes he ought to only be allowed to use it to and from work and if caught outside those times or on the phone again banned for twice as long as the original sentence. Some kind of probation period.

 

[sw3008]

Why didn't the guy learn from last time and buy a hands free kit for the car? Cheaper than a fine or risking your licence, chances are you wont get caught.

Probably because he's an idiot !

 

[mr_cellophane]

The man is obviously a bit stupid doing it, but he's only got the one chance & it's game over.

Has he ? 3 of his points expire next month, so can't he start again ?

 

[hackbike 666]

If you were in the guys situation, and you needed the licence for your job, would you not give it a go then? Use the excuse in court that you need your licence.
I bet most of you would do, and why not if it might work.

Hard to say.On the side of decency hopefully not.

Also if my work found out I had been in this sort of trouble with the law I think they would take a very dim view.

He is well within his rights to ask for the ban to be lifted if it causes undue hardship.

Even if it is more than three times.

 

[Joe24]

Hard to say.On the side of decency hopefully not.

Also if my work found out I had been in this sort of trouble with the law I think they would take a very dim view.

He is well within his rights to ask for the ban to be lifted if it causes undue hardship.

Even if it is more than three times.

Yes you would, if you were about to lose your licence for some reason or other, i bet that you(and others) would at least give the, "i need my licence for my job, if i lose that i cant work" excuse.
But the same people will sit here and go on about people that have used the excuse and got away with it.

 

[snorri]

Yes you would, if you were about to lose your licence for some reason or other, i bet that you(and others) would at least give the, "i need my licence for my job, if i lose that i cant work" excuse.
But the same people will sit here and go on about people that have used the excuse and got away with it.

You are away on another tack now, it's not the legal pleading. It's the fact that this guy was so careless as to get caught 3 times in 5 months and you think he should be treated with greater leniency.

 

[Joe24]

You are away on another tack now, it's not the legal pleading. It's the fact that this guy was so careless as to get caught 3 times in 5 months and you think he should be treated with greater leniency.

So what your saying then, is if something did happen and you were about to lose your licence, the licence you need so you can work, you wouldnt use the excuse?
I very much doubt that

 

[hackbike 666]

Yes you would, if you were about to lose your licence for some reason or other, i bet that you(and others) would at least give the, "i need my licence for my job, if i lose that i cant work" excuse.
But the same people will sit here and go on about people that have used the excuse and got away with it.

Don't quote what or wouldn't do because you know nothing about me.

Bloody cheek.

You know nothing about my job either and if I was in some sort of trouble at work I doubt very much whether it would be mobile phone related.

 

[Joe24]

Don't quote what or wouldn't do because you know nothing about me.

Bloody cheek.

You know nothing about my job either and if I was in some sort of trouble at work I doubt very much whether it would be mobile phone related.

Can i take that as a yes or a no?
And im saying if you were in his situation, hypotheticly, so dont get so stressed, chum