Get the popcorn out.

Now most of us who had been caught speeding at 64mph in a 30mph zone through a red light would consider the fact that we’d been caught (assuming we’d been so stupid as to do such a thing) something to be ashamed of, we’d have paid the fine, taken the penalty points and accepted the ban should there be one. However for a certain judge a possible loophole in the law might mean he gets away with doing such an act…

Telegraph.

A High Court judge accused of racing through a red light at more than double the speed limit has argued that the “oppressive” case should be thrown out on human rights grounds.
Kuldip Singh QC is alleged to have sped through a central London junction at 64mph a full 1.4 seconds after the lights had changed.
However, the 58-year-old, who is representing himself, claimed that the prosecution was invalid because he was not given the option of paying an on-the-spot fine when stopped.
He also argued that the case should be dismissed as an abuse of process because speed should not be taken into account when dealing with a traffic light contravention.
“An irrelevant factor was wrongly and unlawfully taken into account,” he said.
“It is clear the officer failed to correctly direct himself in law. The public interest was in seeing me given a fixed penalty notice. These proceedings should never have been brought and I should not be before the court.”

Whilst generally I’m a bit ambivalent about speed limits as such and far more into driving with regard to the conditions, I am rather of the opinion that traffic lights at least are there for a purpose (and not just there for decoration eh cycle riders?) and I am wondering how the hell anyone could get up to 64 mph in central London…

Nor would I expect any member of the public to so try and claim some sort of legal loophole protects them from the consequences of their actions. But seems that if you know the law then you can try to use it to escape being caught bang to rights. Nor do I believe that an on the spot fine would have been the correct form of punishment in such a case anyway.

First time I’ve ever heard that it was a human right to have an on the spot fine either with regard to a traffic offence.

Time to get the popcorn ready for January 29, next year when apparently another judge will pass judgement on the judge…

7 comments for “Get the popcorn out.

  1. December 6, 2012 at 9:41 pm

    I’m surprised he didn’t sue the police for racism.

  2. December 7, 2012 at 8:49 am

    Kuldip Singh

    Y-e-e-e-s-s-s …

  3. James Strong
    December 7, 2012 at 9:09 am

    I welcome the chance to disagree, but first I’ll concede that Kuldip Singh’s action in the car were wrong and it would be desriable if he could be punished within the law.

    However if the police fouled up the procedure and the prosecution fails then we’ll just have to put up with that.

    It is only by knowing that procedure and lawful application of the rules must be followed in the case of peiople like this that we know they must be followed in the case of people like us.

    If prosecutions outside the limits of the law proceed successfully imagine the developments that would take place.

  4. December 7, 2012 at 11:19 am

    “I welcome the chance to disagree”

    And the day you’re not allowed to here would be a very shaming day for OoL.

  5. microdave
    December 7, 2012 at 4:23 pm

    “I’m surprised he didn’t sue the police for racism”

    I ‘spose it would be wacist to suggest that the same situation, but concerning a hypothetical Fred Blogs QC, would likely have a different outcome?

    As for fixed penalties, he would need rather deep pockets for that amount over the limit. And in any case wouldn’t it be sufficient for an automatic ban, or am I behind the times with respect to the points system?

    Reaching 64mph in London I can just about understand with modern very torquey cars (diesels, in particular), but I couldn’t believe a recent case in my provincial city, where someone managed (IIRC) in the region of 140mph on a traffic light infested section of the ring road…

    Not a situation I’m ever going to be in, given my method of transport!

  6. Furor Teutonicus
    December 7, 2012 at 5:16 pm

    xX Kuldip Singh QC XX

    I don’t have to say anything, do I?

    XX (However, the 58-year-old,) who is representing himself XX

    ….has an idiot for a client.

  7. Twenty_Rothmans
    December 7, 2012 at 8:22 pm

    ….has an idiot for a client
    I think you’ll find that we are the idiots in this by employing such a poor servant. Speeding is one thing, but a red light is another. Majarajah syndrome.

    It doesn’t work that way here. We are the 35th least corrupt country in the world. Something to be proud of.

    I am not suggesting for one moment that he was boosted because of

Comments are closed.