Judge clears speeding top golfer on appeal

Judge clears speeding top golfer on appeal

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vonhosen

40,301 posts

219 months

Wednesday 16th June 2010
quotequote all
oldsoak said:
EU_Foreigner said:
10% + 2 being the threshold means that anything over the threshold would be prosecuted, therefore 36?
No...34 mph in a 30 is the maximum speed you can go without picking up a ticket, nudge it to 35 and you'll get a ticket....or an invite to a speed awareness course depending on the state of the collective spleen of the area you get nabbed in.
All that depends on being caught of course wink

ETA...
Pepipoo still has the ACPO guideline table available

Edited by oldsoak on Wednesday 16th June 15:13
The instruction is to issue a FPN if you haven't by that margin over the limit, NOT an instruction for you to wait until that point to issue a FPN. You are quite at liberty to issue one below that threshold.

heebeegeetee

28,928 posts

250 months

Wednesday 16th June 2010
quotequote all
“Few have the financial resources to mount a challenge to the evidence. Any perception that there is one law for those with the ability to dispute the evidence and another for everybody else would be wrong.”

How the hell can that statement be made? Of *course* this case shows perfectly clearly that there is one law for the rich and another law for everybody else.

What is Nick Freeman's strike rate, because whatever it is, it would be perfectly proper to say that that rate of cases overthrown would apply to every court or case if the public were tried properly.

It's very, very worrying indeed that it it seems that anyone who can afford to do so can show that the law of the land is not applied as the law itself dictates.

Mr Trophy

6,808 posts

205 months

Wednesday 16th June 2010
quotequote all
Why has the queen not given Nick Freeman a Sir title yet?

rewc

2,187 posts

235 months

Wednesday 16th June 2010
quotequote all
vonhosen said:
oldsoak said:
EU_Foreigner said:
10% + 2 being the threshold means that anything over the threshold would be prosecuted, therefore 36?
No...34 mph in a 30 is the maximum speed you can go without picking up a ticket, nudge it to 35 and you'll get a ticket....or an invite to a speed awareness course depending on the state of the collective spleen of the area you get nabbed in.
All that depends on being caught of course wink

ETA...
Pepipoo still has the ACPO guideline table available

Edited by oldsoak on Wednesday 16th June 15:13
The instruction is to issue a FPN if you haven't by that margin over the limit, NOT an instruction for you to wait until that point to issue a FPN. You are quite at liberty to issue one below that threshold.
True but I wonder how many would elect to go to court as the level approaches the speed limit. I wonder whether the CPS would relish the opportunity to take numerous cases to court for 2mph over the limit. A Police Officer issuing a FPN is no guarantee the case will end up in court if disputed e.g. the Scottish driver who was given one for not being in control of his vehicle when blowing his nose whilst stopped at lights.

SS2.

14,489 posts

240 months

Wednesday 16th June 2010
quotequote all
Why hasn't Puff posted his thoughts on Montgomerie's successful appeal ? scratchchin


rewc

2,187 posts

235 months

Wednesday 16th June 2010
quotequote all
SS2. said:
Why hasn't Puff posted his thoughts on Montgomerie's successful appeal ? scratchchin
This is the response from the Cumbria police:
"A spokesperson from Cumbria Constabulary, said: "We are aware of the ruling in court and will be reviewing the case to ensure the correct processes and protocols are in place and that they are being followed.

"The safety of the public is our number one priority and we are committed to using every tool at our disposal to reduce the numbers of people killed or seriously injured on our roads."

Even bent tools presumably.

fluffnik

20,156 posts

229 months

Wednesday 16th June 2010
quotequote all
rewc said:
Even bent tools presumably.
yes

Those in the SCP involved need tried for PCoJ.

Hanging is too good.

deeps

5,400 posts

243 months

Wednesday 16th June 2010
quotequote all
Just imagine how many hundreds of thousands of people that don't have Monty's resources are being defrauded every year - sickening.

Around here in Somerset the evil van operatives target 33mph for the scam of all scams - the snail awareness course - where drivers are blackmailed into feeling grateful for being scammed - you've got to hand it to them, that is one very clever scam and of course rakes in millions.

fluffnik

20,156 posts

229 months

Wednesday 16th June 2010
quotequote all
deeps said:
Just imagine how many hundreds of thousands of people that don't have Monty's resources are being defrauded every year - sickening.
These racketeers are, quite simply, The Enemy.

We should hound them mercilessly and give them no quarter.

JustinP1

13,330 posts

232 months

Wednesday 16th June 2010
quotequote all
deeps said:
Just imagine how many hundreds of thousands of people that don't have Monty's resources are being defrauded every year - sickening.

Around here in Somerset the evil van operatives target 33mph for the scam of all scams - the snail awareness course - where drivers are blackmailed into feeling grateful for being scammed - you've got to hand it to them, that is one very clever scam and of course rakes in millions.
Would you be surprised if the courses are 'farmed out' to the private sector and the guy running the courses is a multimillionaire ex-policeman?

You couldn't make it up.

Oh we do laugh about the Banana Republics...

shuvitupya

3,226 posts

219 months

Wednesday 16th June 2010
quotequote all
Mill Wheel said:
Judge clears speeding top golfer on appeal

"Golfer Colin Montgomerie"
Nowhere does it say he is a top golfer! ...Because he isn't and never was laugh....Maybe top Scottish golfer, but I doubt that. rolleyesrolleyes

Mill Wheel

Original Poster:

6,149 posts

198 months

Thursday 17th June 2010
quotequote all
deeps said:
Just imagine how many hundreds of thousands of people that don't have Monty's resources are being defrauded every year - sickening.

Around here in Somerset the evil van operatives target 33mph for the scam of all scams - the snail awareness course - where drivers are blackmailed into feeling grateful for being scammed - you've got to hand it to them, that is one very clever scam and of course rakes in millions.
The tax payer will pick up the estimated £38,000 tab for legal costs... NOT the CPS employee, who proceeded with the case, in order to protect the reputation of the LTI process even when he had access to the same evidence as the judge, that the manner in which the LTI was being used, was contrary to the guidelines!

It would have been different if they had thought the cost of wrongful prosecution came out of THEIR pocket!

EU_Foreigner

2,836 posts

228 months

Thursday 17th June 2010
quotequote all
Which is how it should be. They lose, they have to pay - not the general public.

Mill Wheel

Original Poster:

6,149 posts

198 months

Thursday 17th June 2010
quotequote all
shuvitupya said:
Mill Wheel said:
Judge clears speeding top golfer on appeal

"Golfer Colin Montgomerie"
Nowhere does it say he is a top golfer! ...Because he isn't and never was laugh....Maybe top Scottish golfer, but I doubt that. rolleyesrolleyes
He seems to make a good living out of playing golf and endorsing products - and he didn't mind spending some of it showing up these SCP jobsworths for what they are - CHARLATANS!

Maybe not THE top, but A top man! smile

cornishgirl

1,692 posts

194 months

Thursday 17th June 2010
quotequote all
Mill Wheel said:
EU_Foreigner said:
Just a bit yes. Basically, the conclusion is that you can not trust the equipment nor the people using it.
The manufacturers of the LTI have a former NASA scientist on their books, whose job it is to rubbish technical challenges to their equipment. If required, he is wheeled into court at huge expense, frightening many defendants from challenging their speeding tickets in case they become liable for costs against them. Now instead, Montgomerie's legal bill – thought to be in the region of £30,000 – will now be passed on to the taxpayer.

From this case, it would appear that the device is only as good as the buffoon holding it! It has been shown time and time again that the device can give a hugely false reading if swept over the target vehicle during the reading - the Daily Mail famously showed a cyclist doing 60 mph, while a wall in a courthouse in the US was found to be travelling at 4 mph.

Those who defend it's use, claim that experienced operators never use the speed gun in this way, yet here they are in court having to accept the judges ruling that the evidence shows that an operator HAS misused the equipment, AND was directed to target road users outside of the specific guidelines to it's use!

Oh dear!!bounce
Isn't there some sort of cap on the costs of experts the police or CPS can hire in this sort of prosecution?.

I can understand for a murder trial but hiring a very expensive expert for a case of speeding at 37mph? That is just wrong.

Mill Wheel

Original Poster:

6,149 posts

198 months

Thursday 17th June 2010
quotequote all
cornishgirl said:
Isn't there some sort of cap on the costs of experts the police or CPS can hire in this sort of prosecution?.

I can understand for a murder trial but hiring a very expensive expert for a case of speeding at 37mph? That is just wrong.
No cap - they flew in a US based expert a couple of years ago, and the hapless defendant got landed with the flight costs, hotel bill, as well as all the normal inflated costs they throw in.

That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.

fluffnik

20,156 posts

229 months

Thursday 17th June 2010
quotequote all
Mill Wheel said:
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
They are extortionists, filthy racketeers, the only part of the Criminal "Justice" System they belong in is jail.

EU_Foreigner

2,836 posts

228 months

Thursday 17th June 2010
quotequote all
fluffnik said:
Mill Wheel said:
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
They are extortionists, filthy racketeers, the only part of the Criminal "Justice" System they belong in is jail.
Jail still costs us money, can we not just shoot them?

Mill Wheel

Original Poster:

6,149 posts

198 months

Thursday 17th June 2010
quotequote all
EU_Foreigner said:
fluffnik said:
Mill Wheel said:
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
They are extortionists, filthy racketeers, the only part of the Criminal "Justice" System they belong in is jail.
Jail still costs us money, can we not just shoot them?
Exile them to a remote island in the Pacific with a strict speed limit.

Erm.. that would be Australia then?

streaky

19,311 posts

251 months

Thursday 17th June 2010
quotequote all
EU_Foreigner said:
fluffnik said:
Mill Wheel said:
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
They are extortionists, filthy racketeers, the only part of the Criminal "Justice" System they belong in is jail.
Jail still costs us money, can we not just shoot them?
Only in Utah, and if convicted before 2004 (as will be Ronnie Gardner at midnight local tonight) - Streaky