Another Major Criminal In Court

Started by Franko, January 05, 2011, 04:25:18 PM

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Franko

Not sure of where to put this so just started a new thread.

What a joke...

A driver has been convicted of a criminal offence for flashing his headlights at oncoming motorists to warn them of a police speed trap ahead.
Michael Thompson, 64, believed he was doing his 'civic duty' by alerting drivers on the opposite side of a dual carriageway.
When stopped by a police officer Thompson disagreed with the suggestion that he was 'perverting the course of justice' and was then allegedly told: 'I was going to let you off with a caution - but I'm not now.'
Thompson denied wilfully obstructing a policewoman in the execution of her duty on July 21 last year, but was convicted after a trial at Grimsby Magistrates' Court.
He ended up £440 out of pocket after being fined £175, ordered to pay £250 costs and a £15 victims' surcharge.
Thompson of Grimsby, north-east Lincolnshire, told the court he was warning motorists for safety reasons.
He said he had been involved in an accident a year ago when two drivers in front of him braked sharply after seeing a speed trap and although he braked in time another motorist crashed into the back of his vehicle.
'It is not an offence to warn people of a possible speed trap because of the danger involved with vehicles braking quite hard,' he claimed.
'It's a civic duty to warn people. I flashed my lights. I had a very good reason to warn oncoming motorists, in my opinion. My first thought was:"This may cause an accident."

'I tried to warn vehicles that there was a speed trap. Because I challenged the officer he would not let me off with a warning.'
Thompson was pulled up as he headed out of Grimsby on the A46 at 10am. He claimed the officer involved was a 'Rambo character' who was acting like 'Judge Dredd' in using the law unnecessarily.

One solicitor at court criticised the decision to prosecute as a 'ridiculous waste of taxpayers' money' and said the defendant, who represented himself, should be praised for his actions.  Defending the decision to prosecute, a spokeswoman for the Crown Prosecution Service said: 'Cost is not a consideration in our decision to prosecute.
'When a file is provided to the CPS from the police, it is our duty to decide whether it presents a realistic prospect of conviction and whether a prosecution is in the public interest.  'In accordance with the Code for Crown Prosecutors a prosecution was deemed appropriate.'

Prosecutor John Owston told Thompson he was not trying to avoid an accident occurring. He said: 'You were doing it to warn them of a speed trap because as a motorist you don't want other motorists to be caught speeding. You wanted to make sure that people who were speeding slowed down.'
Mr Owston added: 'The natural reaction of most drivers in those circumstances would be to brake. Your first reaction would be that there is some sort of hazard ahead and I will approach it at a lower speed.
'You are causing people to brake to avoid going through a speed trap at an excessive speed and all it does then is allow people, when they are past it , to pick up speed again and speed on.
'It's not the speed trap that causes the accident it's the idiot behind the wheel who brakes heavily that causes the accident.'
Magistrates rejected Thompson's defence.
Presiding magistrate Jean Ellerton told him: 'We found that your flashing of your headlights was an obstruction, we found that you knew this action would cause vehicles to slow down and cause other motorists to avoid the speed trap and avoid prosecution.'
Thompson, a married man who is now semi-retired, said he was 'disgusted' with the verdict and intended to appeal.
He said: 'It's a sad day for justice because the law is being abused. I flashed a vehicle for a good reason in the interests of safety.'
The offence of obstructing a police officer carries a maximum sentence of one month's imprisonment and/or a £1,000 fine.
Andrew Howard, the Automobile Association's head of road safety, said: 'It's an unusual case, but I have heard of this happening before. There are lots of people who are not aware of this law.'
Mr Howard said 'a lot of people would be upset' to be prosecuted for such an offence.
Solicitor Anton Balkitis, a specialist in motoring law, said most motorists who flash at other drivers to warn them of a speed trap 'think they are doing people a favour'.

www.dailymail.co.uk/news/article-1343959/Driver-flashed-headlights-warn-motorists-speed-trap-fined.html#ixzz1AB7RqyC7

Celt_Man

Quote from: Franko on January 05, 2011, 04:25:18 PM
He ended up £440 out of pocket after being fined £175, ordered to pay £250 costs and a £15 victims’ surcharge.

You wanted to make sure that people who were speeding slowed down.’

We found that you knew this action would cause vehicles to slow down and cause other motorists to avoid the speed trap and avoid prosecution.’

Who exactly are the Victims in this one???

Joke.... wouldn't pay it out of principle
GAA Board Six Nations Fantasy Champion 2010

Minder

Quote from: Celt_Man on January 05, 2011, 04:50:53 PM
Quote from: Franko on January 05, 2011, 04:25:18 PM
He ended up £440 out of pocket after being fined £175, ordered to pay £250 costs and a £15 victims' surcharge.

You wanted to make sure that people who were speeding slowed down.'

We found that you knew this action would cause vehicles to slow down and cause other motorists to avoid the speed trap and avoid prosecution.'

Who exactly are the Victims in this one???

Joke.... wouldn't pay it out of principle

That probably wouldn't work out too well for you.
"When it's too tough for them, it's just right for us"

Celt_Man

Quote from: Minder on January 05, 2011, 04:52:22 PM
Quote from: Celt_Man on January 05, 2011, 04:50:53 PM
Quote from: Franko on January 05, 2011, 04:25:18 PM
He ended up £440 out of pocket after being fined £175, ordered to pay £250 costs and a £15 victims' surcharge.

You wanted to make sure that people who were speeding slowed down.'

We found that you knew this action would cause vehicles to slow down and cause other motorists to avoid the speed trap and avoid prosecution.'

Who exactly are the Victims in this one???

Joke.... wouldn't pay it out of principle

That probably wouldn't work out too well for you.

I'd be aware of that... Still

Although if ever I was stopped for doing something similar - I'd let on I was waving/saluting to someone I knew in an oncoming car. Impossible to prove otherwise

Some waste of time for cops and courts though
GAA Board Six Nations Fantasy Champion 2010

Denn Forever

His mistake was in defending himself. 

If he'd used a solicitor, the solicitor could have told him and the judge that a precedent was set in 2005 about this very activity.

He should (as in probably will) get it overturned on appeal.
I have more respect for a man
that says what he means and
means what he says...

Banana Man

the highway code states that you flash your lights to warn other road users of your presence, could he not have argued it was a notoriously busy stretch of road and as he was in a lorry he felt compelled to add to his visibility, especially since he was 'rearended' in a similar scenario relatively recently.....

i just know the sort of p***k of a policeman he would have been dealing with too and i wasn't there

Doogie Browser

Have heard of people being prosecuted for this before, I would have thought if you said you were doing it to warn of another hazard on the road (not the speed cops) you could get off with it.  He needed Mr Loophole to defend him!

Franko

This sort of thing further undermines the old bollocks traffic cop/govt line 'speed cameras are there to reduce speed in dangerous areas'.

If that were the case then surely this man should have been praised for his actions as he was effectively doing the camera's job for it.

Celt_Man

Quote from: Franko on January 05, 2011, 05:26:24 PM
This sort of thing further undermines the old bollocks traffic cop/govt line 'speed cameras are there to reduce speed in dangerous areas'.

If that were the case then surely this man should have been praised for his actions as he was effectively doing the camera's job for it.

Correct and right
GAA Board Six Nations Fantasy Champion 2010

Dougal Maguire

Quote from: Franko on January 05, 2011, 05:26:24 PM
This sort of thing further undermines the old bollocks traffic cop/govt line 'speed cameras are there to reduce speed in dangerous areas'.

If that were the case then surely this man should have been praised for his actions as he was effectively doing the camera's job for it.

Not exactly, unless he was charging each motorist he flashed at £60
Careful now

Orior

#10
Its okay to check the location of speed cameras in Clark County.

http://www.columbian.com/news/2010/dec/30/speed-enforcement-ahead-local-law-enforcement-ok-w/
Cover me in chocolate and feed me to the lesbians

tyssam5

There should be an I-phone app for these kinds of warnings.