Record road speeder jailed
Originally Posted by Fletch,Sep 24 2007, 09:35 PM
Is a jail term warranted in this case ?
I'm not sure... even if I had all the facts I'm still not sure I'd be sure.
I'm not sure... even if I had all the facts I'm still not sure I'd be sure.
And for a lighter hearted view of the whole matter:
http://www.thespoof.com/news/spoof.c...dline=s1i25070
http://www.thespoof.com/news/spoof.c...dline=s1i25070
Originally Posted by Moggy,Sep 24 2007, 06:06 PM
Can the laywers reply as to how this case got in front of a jury in the first place, and secondly, given it is in front of a jury what is the exact charge?
To put it a different way, why for example would travelling at 110mph on a m/way be treated differently to doing what this guy did?
Would the prosecution use an expert witness to answer a direct question as to "is 172 mph, on that stretch of road, given the conditions and time of day an inappropriate speed".
Or would the prosecution not even have to argue this?
Genuinely interested.
At the Crown Court Brady pleaded guilty to the charge of dangerous driving and the CPS accepted his plea to not guilty of Taking the Vehicle Without the Owner's Consent ("TWOC"). Thus there was no need for a trial and hence no involvement of a jury. He was sentenced by the Crown Court Judge.
Since he pleaded guilty to dangerous driving there was no need for the CPS to introduce expert evidence as to whether his driving was dangerous. If Brady had pleaded not guilty then the onus would have been on the Crown, represented by the CPS, to prove Brady's guilt of the charge, and the level of proof required is "beyond reasonable doubt". This means that the jury hearing the case - although I'm not sure whether this charge now requires a jury trial - need to "be sure" that the defendant is guilty. The CPS would have had to introduce evidance in support of the charge that Brady's driving was dangerous.
As for your question about whether someone doing 110 on a Motorway would be treated differently, the answer depends on the facts. Someone once tailgated me down the M5 at speeds of up to 96 - I got 3 points and a
Originally Posted by Moggy,Sep 27 2007, 10:09 AM
Maybe he should have pleaded not guilty (As per what Mark B was referring to)?
Many, many years ago I was travelling out of hours through Exeter and tripped the gatso there which I had completely forgotten about.
I attended Exeter Magistrates and was handed a one month driving ban and a fine of a couple hundred pounds for a recorded 102mph.
Up in front of the Magistrates, just before me was a guy in similar circumstances, offence at almost the same time and day with a recorded 109mph.
He escaped the ban and accepted a slightly larger fine.
Why?
Because he was unemployed and was the only driver for his father who was registered disabled. I effectively lost my job over this.
Strange world...
I attended Exeter Magistrates and was handed a one month driving ban and a fine of a couple hundred pounds for a recorded 102mph.
Up in front of the Magistrates, just before me was a guy in similar circumstances, offence at almost the same time and day with a recorded 109mph.
He escaped the ban and accepted a slightly larger fine.
Why?
Because he was unemployed and was the only driver for his father who was registered disabled. I effectively lost my job over this.
Strange world...
Originally Posted by m1bjr,Sep 28 2007, 10:55 AM
Because he was unemployed and was the only driver for his father who was registered disabled. I effectively lost my job over this.
Strange world...

Strange world...

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