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The 'loophole lawyers' who help clients beat motoring charge
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Author:  Amnesia10 [ Tue Aug 24, 2010 11:19 pm ]
Post subject:  The 'loophole lawyers' who help clients beat motoring charge

http://www.guardian.co.uk/law/2010/aug/ ... ng-charges

Quote:
As last week's furore over car clamping shows, few issues boil the nation's collective blood like infringements on our right to drive, hence the coalition's pledge to end what it calls Labour's "war on motorists". This "war" has also seen the rapid growth of a corner of the legal profession which specialises in acting for motorists.

But while many people rail against speed cameras, they do much the same with the lawyers who exploit the technicalities of the law to get a client off a speeding or other motoring charge. Welcome to the world of loophole lawyers.

The most famous is "Mr Loophole" himself, "celebrity" solicitor Nick Freeman, who has even gone so far as to trademark his moniker. He, like others in the field, seems to have built a reputation largely on the back of footballers' penchant for breaking the laws of the road – or not, as he generally gets them off. Sir Alex Ferguson and David Beckham are among the many to have sought his services.

As well as Mr Loophole we have "Miss Justice", as Jeanette Miller, senior partner of Manchester motoring law firm Geoffrey Miller and president of the Association of Motor Offence Lawyers, likes to be known. She dubs her father the "original loophole lawyer" – he set up the practice in the 1970s and acted for the likes of George Best. Her website includes testimonials from several retired footballers, including Match of the Day pundit Alan Hansen.

The most recent Home Office statistics show 2.3m fixed penalty notices were issued in 2008, 54% of them for speeding. The evidence for most of these was from cameras, the funding for which was recently slashed by the government, to the horror of road safety campaigners. There were more than 700,000 breath tests carried out, of which 13% were positive or refused, and the testing equipment and procedures are often under the spotlight too. Miller says speed cameras and other detection devices, as well as greater public awareness that their findings can be challenged, have fuelled this area of practice – even if her clients are "factually guilty", the majority still get off on technicalities.

Author:  veato [ Wed Aug 25, 2010 8:32 am ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

I'm on the fence. Hypothetically Mr Beckham is doing 100mph and gets off as the camera was not calibrated that morning. Chances are the calibration is not so far off that he was actually doing 70mph. So he gets off on a technicality.

But what about those who might be caught by the same incorrectly calibrated equipment who weren't speeding beyond the allowable limits and otherwise (with correctly calibrated equipment) would not be 'caught'?

Just a thought.

Author:  l3v1ck [ Wed Aug 25, 2010 9:11 am ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

Quote:
The evidence for most of these was from cameras, the funding for which was recently slashed by the government, to the horror of road safety campaigners.

If the cameras were any use they'd pay for themselves, so could be left on. If they're being turned off due to funding cuts, they obviously weren't catching enough people.
I find those "speed reminder" cameras much better. ou know, the ones that clock you and tell you how fast you're going. A gentle reminder to slow down is a much better way to do it.

Author:  pcernie [ Wed Aug 25, 2010 9:23 am ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

Over here the Public Prosecution Service is so useless you could defend yourself :lol:

Author:  forquare1 [ Wed Aug 25, 2010 11:36 am ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

l3v1ck wrote:
I find those "speed reminder" cameras much better. ou know, the ones that clock you and tell you how fast you're going. A gentle reminder to slow down is a much better way to do it.


Plus it lets everyone around you know how fast you were going...

I'd like to see statistics for the amount of people who get caught speeding and then have a speed related accident in the same journey.

Author:  rustybucket [ Wed Aug 25, 2010 12:28 pm ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

I'd like to see Tailgating cameras.

Not sure how they'd work though :?

Author:  Amnesia10 [ Wed Aug 25, 2010 3:03 pm ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

l3v1ck wrote:
I find those "speed reminder" cameras much better. ou know, the ones that clock you and tell you how fast you're going. A gentle reminder to slow down is a much better way to do it.

Apparently they cost a fifth of a GATSO camera and are even more effective. Put these at all blackspots and save money as well.

Author:  cloaked_wolf [ Wed Aug 25, 2010 9:56 pm ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

Personally I feel that speed cameras should go back to what they were used for - trying to help reduce accident blackspots. Let's say you have a hidden hairpin bend. A speed camera warning sign, followed by a speed camera around the corner would be fine - whoever was still speeding in a notoriously dangerous area despite being warned deserves to be penalised. By reducing speed cameras to those key areas, you improve the seriousness with which they're perceived.

However, given excessive speed accounts for something like 2% of RTAs, it seems silly to concentrate on speed when the bigger issues are:
1. Road surface - poor quality roads can mean poor grip in the dry and horrendous grip in the wet.
2. Driver not paying due attention


There's some other factors that I cba'd to look up but essentially, speeding isn't the problem.

Author:  Amnesia10 [ Wed Aug 25, 2010 11:52 pm ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

Speed is an easy target that is why.

I think that they should make people re-sit their driving test every ten years and automatically after any ban. That would get many off the road in the first place and mean that there is an incentive to not learn bad habits because you would need to retrain them out after you fail the next test.

Author:  cloaked_wolf [ Thu Aug 26, 2010 12:23 am ]
Post subject:  Re: The 'loophole lawyers' who help clients beat motoring charge

But it's not difficult to take four or five lessons beforehand to help get rid of your bad habits and then go back to driving in a haphazard style afterwards. A few people may learn better driving skills but the ones who are dangerous on the roads are the ones who could pass a driving test in my experience.

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