Off Duty Police Officer overstepped the mark!!!!!!
Discussion
Sorry for the long thread but:-
POLICE OFFICER OVERSTEPPED THE MARK BY DETAINING MOTORIST
12:00 - 05 July 2003
Even though a drink driver was three times the limit, and had nearly knocked someone over while driving dangerously, an off-duty policeman had no right to detain him, a Plymouth jury has been told.
Shaun Luke drove on the wrong side of the road, mounted pavements, nearly hitting someone, and went round traffic islands the wrong way as he drove to his Tamerton Foliot home after an evening drinking at a Central Park social club on December 15 last year, Plymouth Crown Court heard. He had been followed from Crownhill Road by off-duty Pc Darren Cobbledick, and when Luke, aged 27, turned his car into the driveway of his home in Harewood Avenue, he hit a wall.
The 26-year-old officer said Luke punched him in the face and head as he tried to detain him in the driveway, but Luke later pleaded not guilty in court to assaulting the police officer.
And at a trial this week Judge Paul Darlow had to direct the jury to find Luke not guilty of assaulting the police officer because only uniformed police in marked police cars can deal with such road traffic offences.
Luke had admitted other charges of dangerous driving and failing to supply specimens of breath.
When sentencing him, Judge Darlow told Luke: "You were an obvious danger to pedestrians - you nearly hit one - and to other drivers when you were more than three times the limit.''
After reading reports and character witness statements, Judge Darlow gave Luke a 240-hour community punishment order, banned him from driving for three years and told him to pay £452 costs.
He said if he breached the order, Luke would be given a nine-month prison sentence.
Earlier, the jury had heard how Pc Cobbledick used his mobile phone to call for police back-up when following Luke, before going up to his vehicle in the driveway and showing him his warrant card.
He said that when he tried to detain him in the car Luke swore at him and told him he would 'slit him up'', before punching him in the face and head as he leant through the driver's window to grab the car keys out of the ignition.
He said Luke then got out through the passenger door holding something 'glinting', and went to bring the object down on the officer's head.
It was a football trophy with which Luke had been presented that night, but Pc Cobbledick said he made him drop it and restrained him on the ground until the back-up team came and arrested him.
When instructing the jury to return a not guilty verdict on the grounds that, as an off-duty police officer in plain clothes, Pc Cobbledick had no powers of detention or arrest, Judge Darlow said: "Parliament has decided that for road traffic offences the only people who can do anything about them are uniformed police officers in marked cars.
"The officer had no power of arrest and he (Luke) was entitled to use whatever force he felt reasonable to defend himself.
"It is not a conclusion I relish, as many will have admiration for the actions of an off-duty police officer.''
The court heard that after his arrest Luke provided one specimen of breath, which showed he was three times the drink-drive limit, gave two further inadequate specimens of breath and then refused to give any more.
When he gave evidence, Luke said he had had 'five or six pints' that night, saying he was drunk 'but not off my trolley'.
He denied punching or hitting Pc Cobbledick, and attempting to use the trophy to hit him.
Luke said he hadn't seen any warrant card and that if he had known he was a police officer he would have stayed in the car.
Defence barrister Nick Lewin said that Luke was a hard-working person of otherwise good character who had lapsed.
He said Luke had behaved appallingly while in drink and that lessons had been learnt.
After the hearing, Luke said he thought the three-year driving ban was 'a bit much' but that he wouldn't drink and drive again
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POLICE OFFICER OVERSTEPPED THE MARK BY DETAINING MOTORIST
12:00 - 05 July 2003
Even though a drink driver was three times the limit, and had nearly knocked someone over while driving dangerously, an off-duty policeman had no right to detain him, a Plymouth jury has been told.
Shaun Luke drove on the wrong side of the road, mounted pavements, nearly hitting someone, and went round traffic islands the wrong way as he drove to his Tamerton Foliot home after an evening drinking at a Central Park social club on December 15 last year, Plymouth Crown Court heard. He had been followed from Crownhill Road by off-duty Pc Darren Cobbledick, and when Luke, aged 27, turned his car into the driveway of his home in Harewood Avenue, he hit a wall.
The 26-year-old officer said Luke punched him in the face and head as he tried to detain him in the driveway, but Luke later pleaded not guilty in court to assaulting the police officer.
And at a trial this week Judge Paul Darlow had to direct the jury to find Luke not guilty of assaulting the police officer because only uniformed police in marked police cars can deal with such road traffic offences.
Luke had admitted other charges of dangerous driving and failing to supply specimens of breath.
When sentencing him, Judge Darlow told Luke: "You were an obvious danger to pedestrians - you nearly hit one - and to other drivers when you were more than three times the limit.''
After reading reports and character witness statements, Judge Darlow gave Luke a 240-hour community punishment order, banned him from driving for three years and told him to pay £452 costs.
He said if he breached the order, Luke would be given a nine-month prison sentence.
Earlier, the jury had heard how Pc Cobbledick used his mobile phone to call for police back-up when following Luke, before going up to his vehicle in the driveway and showing him his warrant card.
He said that when he tried to detain him in the car Luke swore at him and told him he would 'slit him up'', before punching him in the face and head as he leant through the driver's window to grab the car keys out of the ignition.
He said Luke then got out through the passenger door holding something 'glinting', and went to bring the object down on the officer's head.
It was a football trophy with which Luke had been presented that night, but Pc Cobbledick said he made him drop it and restrained him on the ground until the back-up team came and arrested him.
When instructing the jury to return a not guilty verdict on the grounds that, as an off-duty police officer in plain clothes, Pc Cobbledick had no powers of detention or arrest, Judge Darlow said: "Parliament has decided that for road traffic offences the only people who can do anything about them are uniformed police officers in marked cars.
"The officer had no power of arrest and he (Luke) was entitled to use whatever force he felt reasonable to defend himself.
"It is not a conclusion I relish, as many will have admiration for the actions of an off-duty police officer.''
The court heard that after his arrest Luke provided one specimen of breath, which showed he was three times the drink-drive limit, gave two further inadequate specimens of breath and then refused to give any more.
When he gave evidence, Luke said he had had 'five or six pints' that night, saying he was drunk 'but not off my trolley'.
He denied punching or hitting Pc Cobbledick, and attempting to use the trophy to hit him.
Luke said he hadn't seen any warrant card and that if he had known he was a police officer he would have stayed in the car.
Defence barrister Nick Lewin said that Luke was a hard-working person of otherwise good character who had lapsed.
He said Luke had behaved appallingly while in drink and that lessons had been learnt.
After the hearing, Luke said he thought the three-year driving ban was 'a bit much' but that he wouldn't drink and drive again
www.thisisplymouth.co.uk/displayNode.jsp?nodeId=99746&command=displayContent&sourceNode=98877&contentPK=6261441
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