Speeding to jail

[littleFred]

Some UK freemen are kind enough to document their own failures. For example, freeman1975 was the registered keeper of a vehicle that was snapped speeding in January 2014, "at 59mph in a 50mph zone". He was also in the vehicle, but doesn't know if he or one of the other three occupants was the driver.

The speeding was sufficiently minor that the driver would have qualified to do a Speeding Awareness Course, cost around £90, with no prosecution. But freeman1975 decided to fight. Under the Road Traffic Act 1988 section 172, the police required him to name the driver. freeman1975 explained that he didn't have the permission of the other three possible drivers to name them, and anyway it was the police's job to prove who it was. And it certainly wasn't him, because he no longer drives but travels.

freman1975 was prosecuted for failing to name the driver. He used these arguments, also demanding to know who the injured party was, and so on. Unsurprisingly, he was found guilty.

Up-shot, I got fined £1000+, plus 6 penalty points

This would actually be a fine, plus costs, plus a victim surcharge. Our hero doesn't take this lying down. He appealed.

I believe it gonna cost the system a tidy sum, ha, ha, ha.

The appeal was held in October. Conviction upheld; another £475 costs. He required them to move the case to Queens Bench. They didn't.

In December 2014, he tried another appeal. Meanwhile, the Magistrates' Court was threatening bad things if he didn't pay his fines.

In January 2015 he received an arrest warning.

A few days ago he was arrested and banged up until the magistrate could see him, and then ...

The upshot was, I got a 28 days prison sentence, suspended and to pay the fine within 28 days, otherwise serve the time, if not paid.

[mufc1959]

GOODF - how to turn a parking ticket into a prison sentence by sending just three letters!

[NYGman]

jimmywx11 Watch out...

[Jeffrey]

That's actually pretty impressive.

[vampireLOREN]

GOODF - how to turn a parking ticket into a prison sentence by sending just three letters!

Freeman 1975 deserved this for being an annoying Sphincter !.

[#six]

This story makes me happy

[longdog]

When the mag was about to pass her deliberation, I turned around and faced the wall, not to give her audience, whether or not there was any significance in this I don't now and I've yet to find out

You couldn't make this up

[Losleones]

Hilarious & not a single post from our very own one cell, was he serving a prison sentence for committing similarly?

[Hercule Parrot]

Brilliant - "I require you the move this case to Queens Bench” , "I did not consent to this arrest", ", despite my best efforts to keep interrupting"....

This is a first-class performance of idiocy. Even after he's been arrested and run up £1500 in penalties, he's still trying to argue make-believe FMOTL legal nonsense. He shows no sign of understanding, because he is so excited by the idea that ordinary laws don't apply to him.

He will hopefully go to jail soon. It needs to happen so that other stupid people do not make the same mistake.

[Fmotlgroupie]

As a non-British person, I'm astounded at how strict penalties are. In Alberta that same 9mph (15kmph) over the limit would bring a fine of $120 (up from $89 as of July 1). If the accused pled not guilty and had a trial, the penalty would be...exactly the same. And if the scofflaw didn't pay up they can't be jailed, they just can't renew their licence or vehicle registration until it's paid.

I'm certainly not arguing the British approach is wrong, just remarking on how differently similar polities can approach the same problem.

[littleFred]

Yes, different countries do things differently.

If he had owned up to it, and hadn't done a "Speed Awareness Course" recently, he could have done that with no prosecution and no fine. If he wasn't eligible for a course, the fixed penalty would be £100, again with no prosecution. If it had gone to trial, in the UK there is usually a discount for a guilty plea.

[longdog]

The massive fine wasn't for speeding it was for refusing to name the driver.

[FatGambit]

Yes there was a loophole in the Road Traffic Act many years ago that meant if you were unable to name the driver then no charges applied, or word to that affect, several people used it to avoid speeding charges and several judges sided with them, so the loophole was removed and now not naming the driver has a bigger punishment than the actual speeding offense.

Interestingly an old neighbour of mine got off a drink driving charge by using the system against them, he was caught over night and refused to do a roadside breath test, then when he was taken to the nick he refused to allow the on-call doctor to do a blood test, saying he waned his own, so they locked him in the cells because his doctor wouldn't come in until the morning, while he was in the cells he demanded water over and over and managed to flush his system so much that once they did eventually have the blood done, he was under the limit lol.

[wanglepin]

Interestingly an old neighbour of mine got off a drink driving charge by using the system against them, he was caught over night and refused to do a roadside breath test, then when he was taken to the nick he refused to allow the on-call doctor to do a blood test, saying he waned his own, so they locked him in the cells because his doctor wouldn't come in until the morning, while he was in the cells he demanded water over and over and managed to flush his system so much that once they did eventually have the blood done, he was under the limit lol.

I wonder did your neighbour have time to reflect on what damage he may have caused if not stopped while drink driving?
I think a goofer would take this to mean a drink driving wrap can be beaten simply by refusing to give a sample with the usual freeman bullshit thrown in such as "lose the name" or "I do not consent", and "no joinder" and would spread the word very quickly on how he "beat a drink drive charge" rather than reflect on how dangerous and irresponsible he had been.

[littleFred]

... refused to do a roadside breath test ...

That alone is an offence he could have been prosecuted for.

[Losleones]

... refused to do a roadside breath test ...

That alone is an offence he could have been prosecuted for.

Yes & carries a heavier penalty than a positive breath test. Something about this case doesn't ring true.

[YiamCross]

Another success, if by success they mean turning a £30 fine into £407 & counting.

http://getoutofdebtfree.org/forum/viewt ... Y63HPlVhBc

I assume it went quiet back in April because the guy was sent down for non payment. Or the bailiffs took his laptop so he can't post anymore.

[FatGambit]

... refused to do a roadside breath test ...

That alone is an offence he could have been prosecuted for.

Yes & carries a heavier penalty than a positive breath test. Something about this case doesn't ring true.

I don't know if he was charged with related offences, but the local police were mighty pissed at his games. He was later sent to jail for tax evasion, so I haven't seen him since, this was 25 years ago mind you, the law is very different now.

Re the other q, I doubt whether he cared, he wasn't a nice person, you'll note I said 'old neighbour' rather than 'old friend', plus I don't much care whether you believe me or not, I was relaying a story of how someone I knew played the system, not presenting a statement to court for you to pick apart from your imaginary prosecuter pedestal.

[longdog]

As far as I know refusing to give a sample has always been an offence and back when they took blood samples it was taken by a 'police surgeon'. There never was a right to insist on your own doctor and such an insistence would have been treated as a refusal.

Sorry but I'll take the whole story with a massive pinch of salt.

[Losleones]

I don't know if he was charged with related offences, but the local police were mighty pissed at his games. He was later sent to jail for tax evasion, so I haven't seen him since, this was 25 years ago mind you, the law is very different now.

Re the other q, I doubt whether he cared, he wasn't a nice person, you'll note I said 'old neighbour' rather than 'old friend', plus I don't much care whether you believe me or not, I was relaying a story of how someone I knew played the system, not presenting a statement to court for you to pick apart from your imaginary prosecuter pedestal.

Now that you have posted the event took place 25yrs ago that would explain the leniency of the police in this case. I was merely stating that a failure to present a breath sample currently carries a higher penalty than if you cooperate & are found to be over the legal limit. Please don't be confrontational as this site does not welcome such. You should have stated when the offence took place. If you wish to be argumentative I'd stick to posting on goofy as it's very much common place.