That's the limit
Discussion
Another police officer escapes a ban; the excuse is a bit, erm, different though.
www.thisisderbyshire.co.uk said:
A senior police officer caught by a speed camera as he hurried to have a bath after handling a dead body has escaped a driving ban.
Magistrates heard yesterday how Detective Inspector Jeremy Lowe was caught doing 37mph on Mansfield Road, Alfreton. The road has a 30mph limit.
Lowe, a policeman for 24 years, admitted the offence and was fined £60 with £35 prosecution costs. Three penalty points were added to his licence.
But although he already had nine points on his driving licence, the magistrates agreed not to ban him.
Magistrates are required to disqualify a driver if they "tot up" 12 points or more, except if the defendant can prove it would cause exceptional hardship.
Lowe had saved 28 days of his annual leave so that a disqualification would not affect his duties.
After being told he could carry on driving, Lowe told South Derbyshire Magistrates' Court in Ilkeston: "Thank you, sir."
The court heard that at 11.16pm on August 24 last year, Lowe had been called to a house where a man's body was found.
Lowe went to decide how the investigation should be handled and examined the body.
Gareth Moore, defending, said: "He felt an urgency to clean himself from the scene and the stench of death. He had handled the decomposing corpse and, although he was wearing gloves, felt rather grubby.
"His concentration was low, he was in a hurry to get back to the police station and clean himself up."
Mr Moore said Lowe (42), of Ashley Close, Tansley, had received another speeding ticket in "similar circumstances". He added: "He is truly ashamed and very embarrassed to appear before the court because of his line of work and proud service.
"He feels a remorse for having been driving at such a speed and for this matter being before the court."
JP Robert Lander, presiding, told him: "You more than anybody should know the law regarding these matters. The next speeding offence will take you over the limit for a disqualification. You will disqualify yourself."
Speaking after the case, Sandra Green, a spokeswoman for road safety group RoadPeace East Midlands, said she thought the courts had treated Lowe very leniently.
She said: "If any member of the public 'totted up' 12 points then they would expect to lose their licence. But he hasn't, on the flimsiest of excuses. I don't think this does much for increasing the public's confidence in the police.
"I would expect him to be punished like everybody else."
Seems fair to me.
Those with a delicate disposition please leave the room now:
For those of you that have had no experience with corpses let me tell you that they have a definate clinging smell of death to them and not pleasant. Dealt with a old Milestone Inspector once that had holed up in an old shed and died. Body found 3 months later and had to be taken to the Morg. To get a hold to lift hands just sank into rotting flesh to bone and we had no rubber gloes in those day.
Likewise when I was on UWSU bodies recovered after being under the water for over 7 days.
Took ages to get rid of the smell off the hands.
So no wonder he wanted a clean up.
DVD
Those with a delicate disposition please leave the room now:
For those of you that have had no experience with corpses let me tell you that they have a definate clinging smell of death to them and not pleasant. Dealt with a old Milestone Inspector once that had holed up in an old shed and died. Body found 3 months later and had to be taken to the Morg. To get a hold to lift hands just sank into rotting flesh to bone and we had no rubber gloes in those day.
Likewise when I was on UWSU bodies recovered after being under the water for over 7 days.
Took ages to get rid of the smell off the hands.
So no wonder he wanted a clean up.
DVD
The first corse my BIB mate found had half the head splattered across the wall, the bloke having shot himself in the head with a sawn off shot gun. My mate was under a great deal of mental distress for weeks afterwards (he was only 20).
I can't think of a better excuse to speed really.
I can't think of a better excuse to speed really.
Undoubtedly the smell clings and the experience is not pleasant in the least. I'm sure we would all want to clean up as soon as possible.
However, is that an excuse for speeding? I think not, and quite correctly the officer admitted guilt and was fined accordingly. For Magistrates NOT to ban a driver with 12 points the defendant must prove that it will cause undue hardship .......... well, he, just like the rest of us will suffer hardship if banned and I see no reason why he should be treated any differently. After all, he IS in a position of authority and should know better.
However, is that an excuse for speeding? I think not, and quite correctly the officer admitted guilt and was fined accordingly. For Magistrates NOT to ban a driver with 12 points the defendant must prove that it will cause undue hardship .......... well, he, just like the rest of us will suffer hardship if banned and I see no reason why he should be treated any differently. After all, he IS in a position of authority and should know better.
nubbin said:
Hardly a first offense though - he already has 9 points, so he's not exactly whiter than white in any aspect. He should have been banned for persistent offending.
One of his offences in similar circumstances - ovewhelming desire to wash away any association of handling a corpse. Both of these corpses may have been "old corpses" for all we know...
Well understandable to want to wash away the "trauma" before he starts writing up his reports or whatever they do to record this... (cos likely this bloke was still on duty when he was going back to the station ). So - two offences may have been numpty or bad luck ones - and the other two - result of seeing something very unpleasant and perhaps nauseating. Arguably - should have got someone to drive him back - but would not the other officers have been collecting forensic evidence or accompanying the corpse to the morgue? May not have been possible, nor perhaps was area good place to leave any car unattended... Called out an 11.16 p.m . So "offence" would have been early hours of morning and more than likely on a clear and empty road. (unless Friday/Saturday night near pub/clubs...)
Had reasonable mitigating circumstances in this instance which was sensibly reflected by JP in this instance.
As for comment by Ms Green .... these people seem to take Schadenfreude delight over speed and people losing licences and possible livelihoods. She bleats about "saving lives by speed camera" but accidents do not occur by driving tadge faster than a posted limit as we are all aware - lack of one or more COAST elements, on part of one or more of those involved causes the accident - and Ms Green should be concentrating herself on means of educating all road users of real road safety measures instead of rubbing her hands with glee each time some poor sod (whatever the profession) gets up before the beak on a tot-up.
WildCat said:
Had reasonable mitigating circumstances in this instance which was sensibly reflected by JP in this instance.
I beg to differ with you on this Wildcat. The defendant was fined £60 with £35 costs and got three points for the speeding offence.
In other words - he was guilty as charged and dealt with accordingly.
On the separate issue of having now received 12 points on his license he should have been automatically banned for a suitable period as stated in law UNLESS he can prove undue hardship. The defendant even saved up some holiday time so that he didn't have to suffer undue hardship .... so how can he then claim undue hardship? (Which is the ONLY criteria open to the Magistrates).
The Magistrates were very lenient. In fact if one studies the case closer I might suggest that as:
"His concentration was low, he was in a hurry to get back to the police station and clean himself up."
............ he should have also been done for driving without due care and attention.
He was a Detective Inspector so surely he's seen plenty of corpses during his career. He must be fairly immune to the effects by now. If he was so affected by the sight of a corpse then he shouldn't be doing the job.
Harsh, I know, but I'm sure I'll get a ban when I eventually reach 12 points.
Harsh, I know, but I'm sure I'll get a ban when I eventually reach 12 points.
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