156mph, on phone and no conviction...
Discussion
The Scotsman said:
Blunder clears motorist accused of doing 156mph while on mobile
CLAIRE SMITH
A MILLIONAIRE Scottish businessman accused of using his mobile phone while driving at 156mph was yesterday cleared due to a prosecution blunder.
Ronnie Klos, an amateur racing driver, was said to have clocked the highest speed ever recorded on roadside cameras in Fife as he drove his silver BMW with one hand on the wheel.
But Mr Klos, 37, from Fife, walked free from court yesterday after his lawyers successfully argued he was not served papers to notify him of the case. Motoring organisations said they were "disappointed" at the outcome.
The sheriff, Paul Arthurson, said that he had no choice but to discharge Mr Klos because prosecutors had failed to send out a "notice of intended prosecution".
The sheriff said he could not convict Mr Klos under an alternative charge of driving culpably and recklessly, because the Crown had failed to provide clear evidence that he had caused actual danger to other road users.
At Kirkcaldy Sheriff Court, Siobhan Monks, the depute fiscal, condemned Mr Klos's actions. "There was an utter disregard to the consequences of others," she said. "He was driving at 156mph and appeared to be using a mobile phone. In any case he only had one hand on the steering wheel."
Outside court, Mr Klos, who was dressed in a designer pinstripe charcoal suit, white shirt and dark tie, refused to comment on the verdict.
But his solicitor, Nigel Beaumont, said he was happy with Mr Arthurson's decision.
Mr Beaumont said: "The decision is entirely correct in my estimation.
"Identification was an issue in this case, but there were also legal issues. It is a matter for the Crown if they appeal, but I would be quite surprised in the circumstances."
Mr Klos had denied driving his BMW M3 CSL at 156mph on the A92 near Kirkcaldy, Fife, on 2 May last year, while talking on a mobile phone.
The court heard evidence from a speed camera operator that he had witnessed the businessman driving the car, and photos alleged to have been of Mr Klos behind the wheel of the car at the time of the offence were also produced in court.
Mr Klos denied he was the driver and claimed the car must have been borrowed by a friend who had been at a party he had attended.
But delivering his verdict, Mr Arthurson made it clear that he found Crown witnesses who identified Mr Klos as the driver of the car both "credible" and "reliable".
Neil Grieg, a spokesman for the AA Motoring Trust in Scotland, said: "I am very disappointed that this has happened. It helps to perpetuate the myth among some drivers that there are loopholes in the law whereas the reality is that in the vast majority of cases, people are convicted, sentenced and then fined or banned."
Mr Grieg said such a serious driving offence would often result in a prison sentence.
"I am surprised that the authorities in Fife managed to get this wrong," he said.
"This is a very serious crime and someone should have been convicted for it."
Andy Jones, spokesman for Fife Speed Camera Partnership, confirmed the speed of 156mph was the highest ever recorded in the area. "The decision was up to the sheriff at the end of the day. We are not criticising anyone," he said.
Mr Klos regularly competes at the Knockhill circuit outside Dunfermline, Fife.
Last year, he raced in the Scottish Legends championship, a series for small American-style cars powered by 1200cc motorbike engines. He also regularly races his Mini Cooper at tracks across the country.
In 1998, he founded the salvage specialist firm FFDR - Fire and Flood Damage Restoration - which has an annual turnover of more than £3 million.
Last year, he announced that his company, which has 50 vehicles on the road, would be the first in Scotland to breath-test staff before they start work.
He said at the time: "Anyone under the influence of alcohol is a danger, not just to themselves but to colleagues, customers and other road users."
The firm, which employs 60 people, was named Scottish Small Business of the Year in 2003.
CLAIRE SMITH
A MILLIONAIRE Scottish businessman accused of using his mobile phone while driving at 156mph was yesterday cleared due to a prosecution blunder.
Ronnie Klos, an amateur racing driver, was said to have clocked the highest speed ever recorded on roadside cameras in Fife as he drove his silver BMW with one hand on the wheel.
But Mr Klos, 37, from Fife, walked free from court yesterday after his lawyers successfully argued he was not served papers to notify him of the case. Motoring organisations said they were "disappointed" at the outcome.
The sheriff, Paul Arthurson, said that he had no choice but to discharge Mr Klos because prosecutors had failed to send out a "notice of intended prosecution".
The sheriff said he could not convict Mr Klos under an alternative charge of driving culpably and recklessly, because the Crown had failed to provide clear evidence that he had caused actual danger to other road users.
At Kirkcaldy Sheriff Court, Siobhan Monks, the depute fiscal, condemned Mr Klos's actions. "There was an utter disregard to the consequences of others," she said. "He was driving at 156mph and appeared to be using a mobile phone. In any case he only had one hand on the steering wheel."
Outside court, Mr Klos, who was dressed in a designer pinstripe charcoal suit, white shirt and dark tie, refused to comment on the verdict.
But his solicitor, Nigel Beaumont, said he was happy with Mr Arthurson's decision.
Mr Beaumont said: "The decision is entirely correct in my estimation.
"Identification was an issue in this case, but there were also legal issues. It is a matter for the Crown if they appeal, but I would be quite surprised in the circumstances."
Mr Klos had denied driving his BMW M3 CSL at 156mph on the A92 near Kirkcaldy, Fife, on 2 May last year, while talking on a mobile phone.
The court heard evidence from a speed camera operator that he had witnessed the businessman driving the car, and photos alleged to have been of Mr Klos behind the wheel of the car at the time of the offence were also produced in court.
Mr Klos denied he was the driver and claimed the car must have been borrowed by a friend who had been at a party he had attended.
But delivering his verdict, Mr Arthurson made it clear that he found Crown witnesses who identified Mr Klos as the driver of the car both "credible" and "reliable".
Neil Grieg, a spokesman for the AA Motoring Trust in Scotland, said: "I am very disappointed that this has happened. It helps to perpetuate the myth among some drivers that there are loopholes in the law whereas the reality is that in the vast majority of cases, people are convicted, sentenced and then fined or banned."
Mr Grieg said such a serious driving offence would often result in a prison sentence.
"I am surprised that the authorities in Fife managed to get this wrong," he said.
"This is a very serious crime and someone should have been convicted for it."
Andy Jones, spokesman for Fife Speed Camera Partnership, confirmed the speed of 156mph was the highest ever recorded in the area. "The decision was up to the sheriff at the end of the day. We are not criticising anyone," he said.
Mr Klos regularly competes at the Knockhill circuit outside Dunfermline, Fife.
Last year, he raced in the Scottish Legends championship, a series for small American-style cars powered by 1200cc motorbike engines. He also regularly races his Mini Cooper at tracks across the country.
In 1998, he founded the salvage specialist firm FFDR - Fire and Flood Damage Restoration - which has an annual turnover of more than £3 million.
Last year, he announced that his company, which has 50 vehicles on the road, would be the first in Scotland to breath-test staff before they start work.
He said at the time: "Anyone under the influence of alcohol is a danger, not just to themselves but to colleagues, customers and other road users."
The firm, which employs 60 people, was named Scottish Small Business of the Year in 2003.
I love this comment:
Neil Grieg, a spokesman for the AA Motoring Trust in Scotland, said: "I am very disappointed that this has happened. It helps to perpetuate the myth among some drivers that there are loopholes in the law whereas the reality is that in the vast majority of cases, people are convicted, sentenced and then fined or banned."
Neil Grieg, a spokesman for the AA Motoring Trust in Scotland, said: "I am very disappointed that this has happened. It helps to perpetuate the myth among some drivers that there are loopholes in the law whereas the reality is that in the vast majority of cases, people are convicted, sentenced and then fined or banned."
This is an old case (9th June 2005) and he was convicted on appeal (1yr ban, £2,500 fine for culpable and reckless conduct, £500 fine for s172):
http://news.bbc.co.uk/1/hi/scotland/4488668.stm
http://news.bbc.co.uk/1/hi/scotland/4598412.stm
http://news.bbc.co.uk/1/hi/scotland/4488668.stm
http://news.bbc.co.uk/1/hi/scotland/4598412.stm
Edited by g_attrill on Sunday 10th June 01:47
FishFace said:
I would imagine the M3 CSL isn't limited to 155MPH, but may be wrong.
All BMW 3 series, 5 series, 6 series and 7 series are limitedto 250kph [ == 155 mph].
I'd be interested to hear of any BMW currently for sale
in the UK that isn't limited to 155 mph.
Before anyone chips in with any claims of how fast they
have had their M3, I also mention that UK speedos
are legally required to over-read.
dcb said:
FishFace said:
I would imagine the M3 CSL isn't limited to 155MPH, but may be wrong.
All BMW 3 series, 5 series, 6 series and 7 series are limitedto 250kph [ == 155 mph].
I'd be interested to hear of any BMW currently for sale
in the UK that isn't limited to 155 mph.
Before anyone chips in with any claims of how fast they
have had their M3, I also mention that UK speedos
are legally required to over-read.
It is not difficult to "de-limit" both BMW & Mercedes products...
There can be no real world defence for this guy. Ok, so it depends on a few conditions, and is perhaps not the same thing at all, but almost every time I'm on my bike and somebody in a car inadvertently tries to kill me, they are on a frikkin mobile phone. Makes me mad, i tells ya. There are reasons using a mobile whilst driving is an offence, and yes, usually it's in built up areas that it affects me, but it can only be more applicable at 156mph, racing driver or not. A car passes you doing, say, 70mph more than you. How much of his attention do you want on you and the road ahead, how much on arranging that ski trip to Gstaad?
Just my tuppence, mind.
Just my tuppence, mind.
Mastiff said:
dcb said:
FishFace said:
I would imagine the M3 CSL isn't limited to 155MPH, but may be wrong.
All BMW 3 series, 5 series, 6 series and 7 series are limitedto 250kph [ == 155 mph].
I'd be interested to hear of any BMW currently for sale
in the UK that isn't limited to 155 mph.
Before anyone chips in with any claims of how fast they
have had their M3, I also mention that UK speedos
are legally required to over-read.
It is not difficult to "de-limit" both BMW & Mercedes products...
Edited by Graebob on Monday 11th June 13:25
My mate has recently sold an E36 M3GT that was delimited, and the M3 he had prior to that was delimited, I know this for a fact as a) he's a good mate b) I've been well over 155 (gps recorded) in both of them.
Yes I know this doesn't satisfy your demands of wanting to see three for sale, but I'm not really bothered about pandering to someone on the internet I don't know about cars I have little interest in
Yes I know this doesn't satisfy your demands of wanting to see three for sale, but I'm not really bothered about pandering to someone on the internet I don't know about cars I have little interest in
Edited by Stu R on Sunday 10th June 13:37
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