But such a verdict is entirely in line with the lenient way motoring
offences are often 'enforced'. First of all the law usually takes no
notice of the consequences of the offence, so 'careless' or
'inconsiderate' drivers who kill usually get no more of a penalty than
if they had reversed into another car. Secondly, the law courts
frequently choose not to impose a penalty, even when there is no doubt
that the offender knew that they were committing an offence. As an
example look at the following story from today's Manchester Evening
News (08/02/06)
31 points - and still he's on the road
A SALESMAN has been allowed to carry on driving despite notching up a
staggering THIRTY ONE penalty points on his licence. Jeffrey Englander,
60, accumulated the points after committing a series of motoring
offences, including speeding and failing to produce his insurance
documents. Drivers are usually disqualified when once they reach 12
points but Mr Englander is still on the road with nearly three times
the limit after pleading "exceptional hardship". He successfully
argued that a driving ban would put his new business at risk and was
given one last chance.
Mr Englander, of Prestwich, told the M.E.N: "I pleaded hardship and
had a fantastic magistrate who let me off, I couldn't believe it."
Last night, road safety campaigners said they were "alarmed" that
he had escaped a driving ban with so many points on his licence and
called on the courts to take a harder line on motoring convictions.
Mr Englander, who represented himself at when he appeared before
Salford Magistrates' Court, said: "The magistrate just said:
'I'll let you off this time'. "I think I had spent a night in
jail and maybe they felt sorry for me. "I said I needed my car for my
job and he said, on that occasion, they would let me off but if I got
one more point I would be banned. " He added: "I was very
apologetic. You have to be very, very humble. The more they can see you
are sorry, the more chance you have of getting off. " I was very
humble and also dressed respectfully."
Mr Englander returned to court on a charge of failing to produce
insurance papers - but he escaped any more points when Manchester
motoring law specialists firm Geoffrey Miller found a legal loophole.
Jeanette Miller, supervising solicitor at the company, said: "Mr
Englander came to us with 31 points on his driving licence. I have
never seen one a driving licence like it. "We put forward that this
offence should have been dealt with at the same time as the other
matters. That did not happen due to an administrative error. He would
have received a further eight points, taking him up to 39 points.
However, the court accepted our argument."
http://www.manchesteronline.co.uk/men/news/s/203/203678_31_points__and_still_hes_on_the_road.html
