General Discussion

Herald Express
Policeman 'wrongly cleared of drink-driving'
Wednesday, July 22, 2009, 09:20
A SOUTH Devon police officer will face justice after High Court judges ruled he was wrongly cleared by magistrates after he crashed his BMW while over the drink-drive limit.

Former Torbay traffic officer PC Frank Wilson (pictured), 48, was off duty when he crashed in Shiphay, Torquay, in February last year.

He was taken to hospital immediately after the crash, where he was arrested and blood and breath samples were taken.

He was acquitted of drink driving in September last year after magistrates in Plymouth agreed his blood and breath test results were inadmissable in court.

But yesterday top judges ruled the over-the-limit test results could be admitted as evidence.

.PC Wilson was moved to Totnes CID and put on 'restricted duties' following the incident.

I find it interesting that the news article that you pasted refers to the copper's car model. BMW = flashy, fast, expensive car. Completely irrelevant in a news report, but referred to by the paper for effect.

If he is found to be over the limit, I hope that the full force of the law is brought down on him. As for the magistrate, he should also be called to account to explain his decision.

Have you read the full article? why didnt the Clerk to the Justices pick up on the law, and advise the mags they were wrong.

Maggies are butchers, bakers and candlestick makers. They are a cut above the rest of society, have friends with funny hand shakes, and can do no wrong.
The legal advisor will be the one to blame if there is a shout about the maggies.

With regards to your hypothetical question concerning the role of the Clerk.

Serious answer: How on earth would I know?

As you're the one that gave this thread the subject name "Idiot Magistrates", did you really mean to type "Idiot Clerk To Justice"?

Depends on whether or not they asked his advice or whether he offered it, which he should have done, or did they overule him, we shall never know. Even so they should work together and take responsibility for for their actions.

As I understand, it is the responsibility of the Clerk to the Justices to advise lay magistrates on points of law. In any event, a mistake was made. Everybody makes mistakes. It does not make everyone an idiot. Or does it?

On Roy's point about the BMW reference, I am afraid the Herald Express is a rag, forever interspersing news and opinion and pandering to the (supposed) prejudices of its audience.

Don

It is the responsibility of the CtJ to advise on the law as he is qualified to do so. How many times do we see Magistates ignoring the law when it come to the Police. Case in point 159 mph to test his car, mags let him off, but I am not sure whether he was eventually convicted, I am sure somebody here will advise.

He did get off. the article was here once
http://news.bbc.co.uk/1/hi/england/shropsh...ire/4559173.stm

BUT NOT ANYMORE??????????

But I found it here.
UK: 159 MPH Cop Found Not Guilty
A police officer in West Mercia, UK was let off the hook after being caught driving 159 MPH on public roads.

Vauxhall Vectra GSIA West Mercia, UK police officer was found not guilty in court today despite being caught "testing" an unmarked police car on public roads at speeds up to 159 MPH. An on-board video recorder captured Mark Milton, a 38 year old constable, zipping through a 30 MPH zone at 84mph and driving on a secondary road at 131 MPH.

Milton claims he was testing the capabilities of his new, unmarked Vauxhall Vectra GSI police car. At least one senior police officer testified in Milton's defense saying that high speeds on public roads was acceptable.

Paul Smith, founder of the Safe Speed road safety campaign suggests that this case is evidence that the obsession with speed camera enforcement is counter-productive. "If 159 mph can be safe enough not to endanger the public, then surely this is a clear official admission that driving a few miles per hour over the speed limit isn't necessarily dangerous either," Smith said. "We have to get back to the policies that gave us the safest roads in the world in the first place, long before speed cameras and the pointless obsession with numerical speed."

Oh1 and by the way, Paul Smith who I corresponded with many times, sadly died of a heart attack a few years ago

And this ought to show the doubters a thing or two.



No fine for speeding officers Just 354 police officers out of more than 90,000 caught breaking the law on camera were punished, including 11 across West Mercia, it was revealed today.

Despite a total of 90,480 driving offences being captured on film as officers jumped red lights or broke the speed, just one out of every 200 were given fines or points on their licence, according to the latest figures.

But about 80 per cent of ordinary motorists would have be given points or fines if they had been caught on camera.

In West Mercia 1,357 officers were caught breaking the law.

Shropshire police officer, Constable Mark Milton, is due to face a hearing in July, after being convicted of dangerous driving after reaching speeds of up to 159mph.

He was not responding to an emergency but said he was “honing his skills” as an advanced driver.

His conviction has been set aside by High Court judges and is to be “re-considered” by the district judge who convicted him after a retrial. His licence was not endorsed with any penalty points and he was not ordered to pay any fines.

One in four of the police motoring offences involved marked vehicles with blue lights flashing, indicating officers were responding to emergencies.

But the rest were quashed by senior police officers who have the discretion to do so if an officer puts forward a good reason for speeding, like chasing a suspect.

Edmund King, of the RAC Foundation, said even if more than a quarter of the cases were emergencies, the figures still seemed “excessive”.

More than 4,000 police cars from Thames Valley Police were captured but not one officer was issued with a fixed penalty ticket, while just 57 officers out of 48,222 breaking the law in the Met police were punished.

The figures were obtained under the Freedom of Information Act, but were unavailable for 15 of the 43 police forces nationwide.

Paul Smith, founder of the Safespeed campaign, said: “These figures will add considerably to the public suspicion that ‘it’s one rule for them and another for the rest of us’.”

Rachel Anstee, spokeswoman for West Mercia Police, confirmed 11 officers had received a fixed penalty or had their licence endorsed out of 1,357 caught between January 1 2006 and December 31 2006. Two were still under inquiry, the rest were “exempt”.

She said: “West Mercia Constabulary has adopted a very robust and transparent approach to dealing with police vehicles being driven through speed cameras in excess of the limit.”

By Kirsty Marston

Take the dots out of the URL, and the webpage magically appears! Sorry to spoil your conspiracy theory.

Used to be a case of - no problem constable, here's my "get out of jail free card" I'll see you right for entry into the "hand shake club"...mind how you go!
Anyway I hope he gets the justice that we'd we'd all get.

Roy, Your comment. "As you're the one that gave this thread the subject name "Idiot Magistrates", did you really mean to type "Idiot Clerk To Justice"?

No I meant what I said, but should have included Idiot Clerk, but then I dont think he/she is an idiot just protecting the Police Officer.
Moved to Totnes and made up to Detective, doesnt that mean he moves into a higher pay rate?
Or is that just another technicality?

Frank Wilson? hmm... where do we go with this? Ok ...to start- a great copper- he got results...but, should this absolve him from the law? NO...MAGISTRATES ARE SELF RIGHTEOUS FOOLS... druguser4549, CJD & Viaduct are eligible to fill this role... Clerks are the learned ones @ HM Mags...if they suggest a conviction you disagree with then I am afraid you are screwed... this is life, THE LAW "IS" BASED ON TECHNICALITIES. yes, TECHNICALITIES...ABSOLUTE DISCHARGE, NO EVIDENCE FOR THE PROSECUTION TECHNICALITIES...GUILTY, SUCCESSFUL PROSECUTION... TECHNICALITIES...ABSOLUTE DISCHARGE, NO EVIDENCE FOR THE PROSECUTION shut your mouths you "fools", I "see" this every day & it makes me sick. This is the way of the world whether you like it or not. Want to go deeper? Central Govt. Mi5? Word to the wise: Live your life as good as a person you can...your only consolation in life is your own summary in death: were you selfish or selfless... P.S- NOBODY knows me here, do not fool yourself- ( a few clues )... I hate cats (vermin) love dogs (except "dangerous" dogs, pit bulls etc- no place in society, will not disrupt the food chain- love birds (seagulls test my patience but hey! they were here before my car windscreen)...cats...again (same category now as wasps)...ooh, now not only do i hate these "feral/ domestic????? )pets- I am also allergic to their fur... so, to my enemies, I suggest you bring a big fat pussy to the ball park... and call it either: CJD druguser4549 or... Viaduct!

nobody?