Motorist is banned over speed trap alert

Motorist is banned over speed trap alert

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Mon Ami Mate

Original Poster:

6,589 posts

269 months

Thursday 3rd June 2004
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Motorist is banned over speed trap alert
By Stewart Payne
(Filed: 03/06/2004)


A pensioner who warned motorists of a police speed trap was convicted of wilfully obstructing a constable in the execution of his duty, banned from driving and ordered to pay £364 costs yesterday.



Stuart Harding, 71, was attempting to slow motorists down as they approached a Sunday morning car boot sale where many people were crossing the road.

Noticing that police were parked nearby with an officer using a hand-held laser speed camera, he decided that a warning stating "Speed Trap - 300 yards ahead" would be the most effective way of getting drivers to reduce their speed. But as soon as the officers noticed his placard he was cautioned for committing an offence.

Harding, a retired instrument maker, who appeared before magistrates in Aldershot, Hants, yesterday, had pleaded not guilty to the charge. He said: "I have been convicted of breaking the law because I was trying to stop others from doing so. It is totally unjust."

Harding said he had stood at the same spot, on the A325 at Farnborough, on previous Sundays warning drivers of the car boot sale, and had received a thumbs-up sign from a passing police car. But the attitude of officers changed when he warned drivers of the speed camera.

Robert Manley, prosecuting, said: "In displaying this sign the defendant was giving motorists advanced warning of a road safety camera being operated by the police 300 yards further along the road."

He said the intention was that any motorist contravening road traffic regulations by driving at excessive speed would avoid doing so having been given notice of what the police were doing.

Sgt Sarah Cashman told the court that when she cautioned Harding and confiscated the sign he told her: "I stop people speeding down here. I am only doing what I think is right".

Asked if he knew there was a speed camera ahead he said: "Yes, that is why I am doing it".

Alex Wyman, the presiding magistrate, told Harding: "The use of the sign was a deliberate and intentional act and by use of the words 'speed trap' you were assisting speeding motorists from being prosecuted."

After his conviction Harding told the magistrates he planned to appeal, adding that he needed his car to drive to church and that he was due to take his wife and friends on holiday in a camper van.

The clerk of the court pointed out to magistrates that unless the ban was suspended it would have run its course before the appeal was heard. But they ordered it should take immediate effect.

The court also confiscated Harding's sign and ordered it to be destroyed.

After the case he said that he had been told that fines collected from speeding motorists on that stretch of the road had netted £12,000 in one morning alone.

"It seems to be more about raising revenue than road safety. I'm just so angry and upset about the driving ban. It was totally uncalled for because this wasn't a motoring offence," he said.

sirtophamhat

1,072 posts

239 months

Thursday 3rd June 2004
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First post!

Does it really matter the circumstances, as long as people slow down? An older gentleman got taken to court in the states a while ago for something similar. He was just flashing his lights at oncoming cars to warn of a speed trap(common practice). Eventually he was let off as the judge ruled he was doing nothing illegal.

>> Edited by sirtophamhat on Thursday 3rd June 05:42

Don

28,377 posts

285 months

Thursday 3rd June 2004
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So now it appears you can be given a driving ban for a any offence? Surely this cannot be legal?

Poor old bastard won't have the loot to appeal, either. Shame some national newspaper won't take up his case and pay for an appeal, eh?

bmgm3

10,480 posts

244 months

Thursday 3rd June 2004
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So the aim of a police speed trap is slow down cars , which this old boy did. But, the police just didnt get any money out of doing so. What a shame .

cortinaman

3,230 posts

254 months

Thursday 3rd June 2004
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this just takes the total piss,wtf were the arsehole judges thinking?.....come to think about it,which little 'uber-brunstropp' was the fecker who nicked the poor old giffer in the first place?.

this demonstrates MORE THAN EVER that speed scameras,talivans and your everyday kojak with a kodak are definatly all out for anyone and any cash they can get......just for their couple of pieces of silver.

i take it the discission to persecute/sorry/prosecute this poor old guy was the discission of the c.p.s?.....the cps are like a schoolyard bully,thats why they cant actually prosecute the piece of shat scumfecks that rob/rape/murder/nonce/etc because they are shat scared of the outcry from scumbags lawyers and their caravan-dwelling families,yet when faced with a pensioner who isnt backed-up by 'the family smith' they are soon quick enough to kick him in the nuts and nick his dinner money.

a message to all the 'safety partnerships'(sic) and kodak users,instead of the usual yellow jackets why not take a note from billy connolly "WHY DONT YOU WEAR MASKS,YA F*****G FOOTPADS!"

>> Edited by cortinaman on Thursday 3rd June 06:55

voyds9

8,489 posts

284 months

Thursday 3rd June 2004
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What he needs is a new sign saying

'Accident black spot ahead with laser gun'

seems to be ok as warning of the danger of speeding and not the 'speed trap'

Superflid

2,254 posts

266 months

Thursday 3rd June 2004
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How the feck can a charge of "Wilfully obstructing a constable in the execution of his duty" be in any way a motoring offence?

A ban seems like a spiteful act. Hope the guy gets a decent lawyer for the appeal.

nel

4,770 posts

242 months

Thursday 3rd June 2004
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Really don't understand the ban - unnecessary and spiteful b*stards!!

The dutch anti-gatso campaigners put up warning signs a few 100 metres ahead of mobile camera sites and don't seem to get in trouble for it - the cops just give up and move to another site. They're taking the p*ss in the UK yet again....

puggit

48,512 posts

249 months

Thursday 3rd June 2004
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Only 1/3 of the country want to leave?!!?!?

Plotloss

67,280 posts

271 months

Thursday 3rd June 2004
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Nick him for a section 5 offence perhaps, but a driving ban is so far out of whack it beggars belief.

How can this possibly be justified in any way shape or form?

I am gobsmacked.

This country is well and truly beyond repair.

The Wiz

5,875 posts

263 months

Thursday 3rd June 2004
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Ahh so the duty of the Constable was to make money not slow people down. Will the last one out of this country please turn off the lights?

ATG

20,651 posts

273 months

Thursday 3rd June 2004
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Pea-brained bureaucrats in action again. Officious police officer, CPS behaving like a bunch of accountants, and magistrates with no sense of perspective. At the appeal he'll at least be dealt with by a judge who will have an IQ and be capable of independent thought. Until then he is stuffed.

I assume he was only given a short ban? Even so it will drive up his insurance.

mean'n'roofless

147 posts

241 months

Thursday 3rd June 2004
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Spiteful truly spiteful. How can they ban him if he wasn't driving or commiting a driving offence? What would they have done if he didn't have a licence - they would have given a different punishment or no punishment which means that he has been discriminated as a driver.

se6b

1,306 posts

259 months

Thursday 3rd June 2004
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How can he get a driving ban if the offence wasn't related to his driving???? Thats ludicrous! I can see that they could pin an 'obstructing a Police Officer in the line of duty' and give him a caution/fine/community service....but COME ON!!!!?

alfa145uk

351 posts

241 months

Thursday 3rd June 2004
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Driving ban punishment for that?!!! Related to driving, how, if he was standing still?!!!!!!!!

Hmm, even if motorists may have gone 34mph past him, there is no guarantee they would have stil been going at 34mph past the talivan if he wasn't there... so that's counting chickens before they have hatched!

Good idea about the sign though, might be worth printing some out on A2, leaving them in the boot - when come across a 'accident blackspot with a laser device' ahead, simply leave the sign up just infront, but don't stand there holding it!

Trefor

14,636 posts

284 months

Thursday 3rd June 2004
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Unbelieveable.

So give him a slap on the wrist and a small fine if they are so worried about losing face over this incident, but this sentence is crazy.

Remind me not to get caught speeding near Farnborough, I might get the deathy penalty.

wiggy001

6,545 posts

272 months

Thursday 3rd June 2004
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Some Nazis said:

wilfully obstructing a constable in the execution of his duty


Surely he was wilfully assisting a constable in the execution of his duty?

That is, unless said constable was attempting to extract as much cash as possible from decent people.

Been said before and no need to repeat (but I will) - this country is really on a fast slope downhill, and the sooner a political party with some common sense takes over from these s the better.

FourWheelDrift

88,614 posts

285 months

Thursday 3rd June 2004
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Do you have a URL link for this story too?

Mon Ami Mate

Original Poster:

6,589 posts

269 months

PetrolTed

34,429 posts

304 months

Thursday 3rd June 2004
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Not impressed. Which paper was that in? We need to highlight this - it's utter nonsense and a criminal perversion of what is right.