Brassed Off Britannia

Brassed Off Britannia

For a moan about the state of Britain and the World

 

 

 

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 Post subject: Fined for splashing
PostPosted: Thu Jan 23, 2014 11:09 pm 
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Joined: Sat Oct 02, 2010 6:56 pm
Posts: 9404
Location: Lake District, England
I was a bit put out when I read this morning that someone was being prosecuted for splashing pedestrians, think it a bit harsh given that it can so often happen quite accidentally. Then I saw this:
http://news.sky.com/story/731893/driver ... chool-kids

£150 fine and three points was not enough.


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 Post subject: Re: Fined for splashing
PostPosted: Fri Jan 24, 2014 11:48 am 
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Joined: Mon Oct 04, 2010 8:28 am
Posts: 5357
Location: Holst country (to be different)
Grandson had a similar thing happen to him on the way home from school. If knew who the bugger was then the price of 4 new tyres and perhaps some new lights would have been the price.


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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 5:13 am 
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Joined: Sun Oct 03, 2010 2:35 am
Posts: 5976
Location: Fleurieu, South Australia
Disturbing that someone not only wants to do this but wants the kudos for doing it.
Imagine if the roles were reversed. Magnanimous response? Unlikely!

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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 9:09 am 
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Joined: Sat Oct 02, 2010 6:56 pm
Posts: 9404
Location: Lake District, England
It seems I confused two cases and the video is not the current case before the courts initiated by the magnificent Pc Hercules. This one comes up before the beak in March, a 22 year old male who drove through a deep puddle and soaked a mother and two children. Apparently under the rarely used law invoked here he could be fined up to £5,000. Perhaps a good ticking off would have been sufficient, but it won't hurt to have him nominally fined and perhaps lose a few points.


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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 10:37 am 
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Joined: Sun Oct 03, 2010 2:35 am
Posts: 5976
Location: Fleurieu, South Australia
Cumberland Cockney wrote:
Apparently under the rarely used law invoked here he could be fined up to £5,000. Perhaps a good ticking off would have been sufficient, but it won't hurt to have him nominally fined and perhaps lose a few points.

The alternative would be for an action in torts for common assault where compensatory damages might be claimed.
Who knows; the judge could upgrade it to exemplary damages. Precedents exist.

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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 10:48 am 
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Joined: Mon Oct 04, 2010 8:28 am
Posts: 5357
Location: Holst country (to be different)
I'm afraid I am not in favour of these "nominal fines" or even "nominal action". I wonder where we would be if on the introduction of the law forbidding the use of cell phones in cars they had really hammered the first offenders with huge fines and six points on the licence, jail for repeat offenders and enforced it. Extreme? Maybe so but so is death and as it has been proved that like drink using the phone kills when driving not really that extreme.
We have people driving in this country with up to 90 points plus on there licence, I forget the latest figure, driving because it would cause inconvenience to them and perhaps hardship to their family. Two things there, one they could not have been thinking about there family to amass that number of points, two he or she is out of control and shouldn't be driving anyway.


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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 12:02 pm 
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Joined: Sat Oct 02, 2010 6:56 pm
Posts: 9404
Location: Lake District, England
By 'nominal' I meant probably not £5,000 for splashing people, perhaps a couple of hundred to make the point and some compensation, but I do take your point. Excused a driving ban because of the inconvenience it might cause seems ridiculous, especially if it is repeated. How about optional sentences? The offender opts for fine and 3 month ban immediately or a suspended, but if he offends again it's an automatic 5 years ban and reduced to provisional licence. Third time - banned for life.


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 Post subject: Re: Fined for splashing
PostPosted: Sun Jan 26, 2014 12:44 pm 
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Joined: Mon Oct 04, 2010 8:28 am
Posts: 5357
Location: Holst country (to be different)
Ok but we have reached the stage where no matter what you do, fine, ban or even jail they will still go out and drive whether it is their car or somebody elses. People have got away with it for so long they no longer fear the law or what it means. Responsibility is out of the window and lawyers making oodles out of appeals is the norm. If somebody finds a loophole close it and make it retrospective. When you put someone inside they stay for the sentence none of this time off for good behaviour. If there is good behaviour the stay is not extended should be the way.


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 Post subject: Re: Fined for splashing
PostPosted: Tue Jan 28, 2014 1:03 am 
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Joined: Sun Oct 03, 2010 11:41 am
Posts: 6348
Something I can't understand about you Crom. Most of the time you espouse decent and caring socialist principles which, as I've said before, I'd agree with if only someone would tell me how they could work.

Then, all of a sudden, you demand extreme penalties for something as trivial as splashing. Surely you've been in the situation when driving in heavy rain, with a large vehicle coming towards you, when you have to get close to the pavement and a puddle is unavoidable. Is it your fault that a pedestrian is too thick to realise a bit of splashing was possible and the best thing to do was stand back?


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 Post subject: Re: Fined for splashing
PostPosted: Tue Jan 28, 2014 2:59 am 
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Joined: Sun Oct 03, 2010 2:35 am
Posts: 5976
Location: Fleurieu, South Australia
Hook Dangler wrote:
Surely you've been in the situation when driving in heavy rain, with a large vehicle coming towards you, when you have to get close to the pavement and a puddle is unavoidable.

There's always the option of slowing down when circumstances allow.

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