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…
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…