Nick Freeman Attacks "exceptional hardship"

Bmblbzzz
Posts: 6258
Joined: 18 May 2012, 7:56pm
Location: From here to there.

Re: Nick Freeman Attacks "exceptional hardship"

Post by Bmblbzzz »

thirdcrank wrote:I think the only way to resolve this might be to take the totting up away from the courts and make it an administrative procedure.

One problem is that magistrates don't just deal with driving cases and they see the problems associated with unemployment. They will often do all they can to protect someone's job, even if that person hasn't been very careful. They will be slow to disqualify somebody who drives as part of their job. IIRC, exceptional hardship was introduced to differentiate it from any old hardship. It hasn't worked.

This, very much.
Cyril Haearn
Posts: 15215
Joined: 30 Nov 2013, 11:26am

Re: Nick Freeman Attacks "exceptional hardship"

Post by Cyril Haearn »

Drivers who are caught several times have likely committed many more offences that were not detected
They should be banned without further ado
Entertainer, juvenile, curmudgeon, PoB, 30120
Cycling-of course, but it is far better on a Gillott
We love safety cameras, we hate bullies
Bonefishblues
Posts: 11009
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Nick Freeman Attacks "exceptional hardship"

Post by Bonefishblues »

I'm sure with my shiny clean licence I too have committed numerous offences, like when I allowed my speed to drift up to 35 in a 30 this morning before I slowed again, plus many more I wasn't aware of - arguably much more serious, as I was unaware. How should I be dealt with?
Cyril Haearn
Posts: 15215
Joined: 30 Nov 2013, 11:26am

Re: Nick Freeman Attacks "exceptional hardship"

Post by Cyril Haearn »

Bonefishblues wrote:I'm sure with my shiny clean licence I too have committed numerous offences, like when I allowed my speed to drift up to 35 in a 30 this morning before I slowed again, plus many more I wasn't aware of - arguably much more serious, as I was unaware. How should I be dealt with?

Obviously you are aware of the offences you are not aware of, you have described them! :?

Reminds me a bit of the text we recited at confession Saturday mornings... and various other sins I cannae now remember..

I sentence you to a whole week working from home, no personal contact with colleagues :(
Entertainer, juvenile, curmudgeon, PoB, 30120
Cycling-of course, but it is far better on a Gillott
We love safety cameras, we hate bullies
Bonefishblues
Posts: 11009
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Nick Freeman Attacks "exceptional hardship"

Post by Bonefishblues »

Cyril Haearn wrote:
Bonefishblues wrote:I'm sure with my shiny clean licence I too have committed numerous offences, like when I allowed my speed to drift up to 35 in a 30 this morning before I slowed again, plus many more I wasn't aware of - arguably much more serious, as I was unaware. How should I be dealt with?

Obviously you are aware of the offences you are not aware of, you have described them! :?

Reminds me a bit of the text we recited at confession Saturday mornings... and various other sins I cannae now remember..

I sentence you to a whole week working from home, no personal contact with colleagues :(

I would refer you to the utterances of our esteemed colleague Mr Rumsfeld - we are all, or at least should be, aware of the existence of unknown unknowns...
User avatar
Cunobelin
Posts: 10801
Joined: 6 Feb 2007, 7:22pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by Cunobelin »

I was once told a story by a colleague of a Nurse at the Trust they had worked for previously

She had reached her 12 points for speeding, and boasted how she had got away with it

She had told the Court that she was the lead in a Neurological team, and that the reason she had been speeding was because of emergencies. She then continued that if she lost her license, she would be absent from the operating theatre and then patients would suffer because the delay in their operations could exacerbate the effect of their injuries

In fact she was a very junior member of the team and this was all untrue.

Someone was annoyed at this reported her to the NMC for misrepresenting her qualifications and status. She was investigate, then with her registration suspended for 6 months, unable to work as a Nurse and as a result lost her job.

Justice served?
User avatar
[XAP]Bob
Posts: 19793
Joined: 26 Sep 2008, 4:12pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by [XAP]Bob »

Cunobelin wrote:I was once told a story by a colleague of a Nurse at the Trust they had worked for previously

She had reached her 12 points for speeding, and boasted how she had got away with it

She had told the Court that she was the lead in a Neurological team, and that the reason she had been speeding was because of emergencies. She then continued that if she lost her license, she would be absent from the operating theatre and then patients would suffer because the delay in their operations could exacerbate the effect of their injuries

In fact she was a very junior member of the team and this was all untrue.

Someone was annoyed at this reported her to the NMC for misrepresenting her qualifications and status. She was investigate, then with her registration suspended for 6 months, unable to work as a Nurse and as a result lost her job.

Justice served?


But still not banned from driving?

No, justice not yet served
A shortcut has to be a challenge, otherwise it would just be the way. No situation is so dire that panic cannot make it worse.
There are two kinds of people in this world: those can extrapolate from incomplete data.
Bonefishblues
Posts: 11009
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Nick Freeman Attacks "exceptional hardship"

Post by Bonefishblues »

[XAP]Bob wrote:
Cunobelin wrote:I was once told a story by a colleague of a Nurse at the Trust they had worked for previously

She had reached her 12 points for speeding, and boasted how she had got away with it

She had told the Court that she was the lead in a Neurological team, and that the reason she had been speeding was because of emergencies. She then continued that if she lost her license, she would be absent from the operating theatre and then patients would suffer because the delay in their operations could exacerbate the effect of their injuries

In fact she was a very junior member of the team and this was all untrue.

Someone was annoyed at this reported her to the NMC for misrepresenting her qualifications and status. She was investigate, then with her registration suspended for 6 months, unable to work as a Nurse and as a result lost her job.

Justice served?


But still not banned from driving?

No, justice not yet served

I'm less fussed about the driving, as she clearly lost much more, but am wondering why a charge of Perjury or Perverting the Course of Justice wasn't brought? It's seldom that those who tell flagrant lies to a court are brought to justice, seemingly.
User avatar
Pastychomper
Posts: 432
Joined: 14 Nov 2017, 11:14am
Location: Caithness

Re: Nick Freeman Attacks "exceptional hardship"

Post by Pastychomper »

Bonefishblues wrote:It's seldom that those who tell flagrant lies to a court are brought to justice, seemingly.


I get that impression too, but hope it's only because justice being done right gets reported/remembered less. I do remember a story a few years ago of a woman who lied to get out of jury duty, then boasted about it on Faecebook and got hauled back into court for a telling-off. I don't remember what the penalty was.
Everyone's ghast should get a good flabbering now and then.
--Ole Boot
User avatar
meic
Posts: 19355
Joined: 1 Feb 2007, 9:37pm
Location: Caerfyrddin (Carmarthen)

Re: Nick Freeman Attacks "exceptional hardship"

Post by meic »

I don't remember what the penalty was.

She should have been barred from jury duty for life for that. :wink:
Yma o Hyd
9494arnold
Posts: 1208
Joined: 21 Jan 2007, 3:13pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by 9494arnold »

Road Traffic Offenders Act 1988 Section 35

The period of a totting up disqualification may be reduced or avoided for exceptional hardship or other mitigating circumstances if the court thinks fit to do so. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Any circumstances taken into account in the preceding three years to reduce or avoid a totting disqualification must be disregarded .

..

So in effect, you can only play that card once (every 3 years) . I have to say I agree that Penalty Points in the 20's and above ought to have closer scrutiny than they appear to have currently. (Retired Police officer with Law degree)

And I agree , some of the "Exceptional Hardship" Arguments are pretty farcical.

Even worse is the fact that Road Policing is shrinking at an alarming rate so if you flount your ban the chances of getting caught are minimal unless you ping an ANPR Camera (and even then if it's Static one on the boundary of a town it's unlikely to result in an immediate stop and arrest)
reohn2
Posts: 45158
Joined: 26 Jun 2009, 8:21pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by reohn2 »

Which not only makes the law an Ass but the maintaining of it an Ass also.
End result is an anarchic society where more people get away with it and so lawbreaking proliferates as monkey see monkey do....... .......which to a certain degree is what we have now only it has the potentialt o get much worse :evil:
-----------------------------------------------------------
"All we are not stares back at what we are"
W H Auden
9494arnold
Posts: 1208
Joined: 21 Jan 2007, 3:13pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by 9494arnold »

I quite agree , reohn2 . :x
reohn2
Posts: 45158
Joined: 26 Jun 2009, 8:21pm

Re: Nick Freeman Attacks "exceptional hardship"

Post by reohn2 »

9494arnold wrote:I quite agree , reohn2 . :x

And what I find absolutely unforgiveable is that it's been a conscious political decision that's led the country down this disasterous route :evil: :evil: :evil:
-----------------------------------------------------------
"All we are not stares back at what we are"
W H Auden
Bonefishblues
Posts: 11009
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Nick Freeman Attacks "exceptional hardship"

Post by Bonefishblues »

I don't have a problem with the ability to make the plea, but its application needs better scrutiny and clearer criteria, perhaps.
Post Reply