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They can't touch you for it



 
 
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  #1  
Old March 4th 12, 07:46 PM posted to uk.rec.cycling
Simon Mason
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Posts: 4,174
Default They can't touch you for it

I am sure a clued up brief could get that ban overturned.

QUOTE:
IN AN "extraordinary" case, a Poole man was banned from driving after riding
an electric bicycle while on drugs - but can carry on using it. David Baker,
45, of Mansfield Road in Parkstone, appeared before Bournemouth Magistrates
Court. He pleaded guilty to driving a mechanically propelled vehicle while
unfit through drugs. He rode a Huiye Gangmao Electric Scooter down Herbert
Avenue on June 26. He also admitted possessing heroin and cocaine. Baker,
who had no previous convictions, was disqualified from driving for three
years and given a conditional discharge for two years.

However the court heard that Baker's transport did not count under the
disqualification. District Judge Roger House told Baker it was
"extraordinary" that his "electric bicycle" was not covered.
Judge House said: "I am told that this disqualification will not affect
that. I am lost quite frankly as to the logic of that but there it is.
Possessing Class A drugs is fairly serious and also this little bit of
driving was fairly serious, but it was only a short distance and you fell
off again. "I appreciate you were getting home and that's the only reason
you were out."

As Baker left the court, the judge remarked: "It's a very strange case."

http://www.bournemouthecho.co.uk/new...i nary__case/

--
Simon Mason

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  #2  
Old March 4th 12, 10:21 PM posted to uk.rec.cycling
jnugent
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Posts: 11,574
Default They can't touch you for it

On 04/03/2012 19:46, Simon Mason wrote:
I am sure a clued up brief could get that ban overturned.

QUOTE:
IN AN "extraordinary" case, a Poole man was banned from driving after riding
an electric bicycle while on drugs - but can carry on using it. David Baker,
45, of Mansfield Road in Parkstone, appeared before Bournemouth Magistrates
Court. He pleaded guilty to driving a mechanically propelled vehicle while
unfit through drugs. He rode a Huiye Gangmao Electric Scooter down Herbert
Avenue on June 26. He also admitted possessing heroin and cocaine. Baker,
who had no previous convictions, was disqualified from driving for three
years and given a conditional discharge for two years.

However the court heard that Baker's transport did not count under the
disqualification. District Judge Roger House told Baker it was
"extraordinary" that his "electric bicycle" was not covered.
Judge House said: "I am told that this disqualification will not affect
that. I am lost quite frankly as to the logic of that but there it is.
Possessing Class A drugs is fairly serious and also this little bit of
driving was fairly serious, but it was only a short distance and you fell
off again. "I appreciate you were getting home and that's the only reason
you were out."

As Baker left the court, the judge remarked: "It's a very strange case."

http://www.bournemouthecho.co.uk/new...i nary__case/


Couldn't (and perhaps shouldn't) the judge have imprisoned him, then?

I understand that a custodial is not unknown for possession of Class A drugs.
  #3  
Old March 5th 12, 03:14 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default They can't touch you for it

On Mar 4, 7:46*pm, "Simon Mason" wrote:
I am sure a clued up brief could get that ban overturned.

QUOTE:
IN AN "extraordinary" case, a Poole man was banned from driving after riding
an electric bicycle while on drugs - but can carry on using it. David Baker,
45, of Mansfield Road in Parkstone, appeared before Bournemouth Magistrates
Court. He pleaded guilty to driving a mechanically propelled vehicle while
unfit through drugs. He rode a Huiye Gangmao Electric Scooter down Herbert
Avenue on June 26. He also admitted possessing heroin and cocaine. Baker,
who had no previous convictions, was disqualified from driving for three
years and given a conditional discharge for two years.

However the court heard that Baker's transport did not count under the
disqualification. District Judge Roger House told Baker it was
"extraordinary" that his "electric bicycle" was not covered.
Judge House said: "I am told that this disqualification will not affect
that. I am lost quite frankly as to the logic of that but there it is.
Possessing Class A drugs is fairly serious and also this little bit of
driving was fairly serious, but it was only a short distance and you fell
off again. "I appreciate you were getting home and that's the only reason
you were out."

As Baker left the court, the judge remarked: "It's a very strange case."


It is not *that* strange.
IIRC, there was another case in Oldham where a guy on an electric bike
was fined for drink driving.
Someone who had their head screwed on eventually threw the case out of
court as the law did not apply to him.
--
Simon Mason
  #4  
Old March 5th 12, 06:37 AM posted to uk.rec.cycling
thirty-six
external usenet poster
 
Posts: 10,049
Default They can't touch you for it

On Mar 4, 7:46*pm, "Simon Mason" wrote:
I am sure a clued up brief could get that ban overturned.

QUOTE:
IN AN "extraordinary" case, a Poole man was banned from driving after riding
an electric bicycle while on drugs - but can carry on using it. David Baker,
45, of Mansfield Road in Parkstone, appeared before Bournemouth Magistrates
Court. He pleaded guilty to driving a mechanically propelled vehicle while


Oops, defendant not knowing the law pleads guilty to an imaginary
crime again.

unfit through drugs. He rode a Huiye Gangmao Electric Scooter down Herbert
Avenue on June 26. He also admitted possessing heroin and cocaine. Baker,
who had no previous convictions, was disqualified from driving for three
years and given a conditional discharge for two years.

However the court heard that Baker's transport did not count under the
disqualification. District Judge Roger House told Baker it was
"extraordinary" that his "electric bicycle" was not covered.


Oh dear, so the matter was raised, yes he would have got leave for
appeal but he's already pleaded guilty.

Judge House said: "I am told that this disqualification will not affect
that. I am lost quite frankly as to the logic of that but there it is.


JFC, if they are going to follow some imaginary rules, wtf don't they
stick to the statute.

Possessing Class A drugs is fairly serious and also this little bit of


It's not unlawful, made up crime again.

driving was fairly serious, but it was only a short distance and you fell
off again. "I appreciate you were getting home and that's the only reason
you were out."


He fell off and probably got a sore knee, he has already been
punished. He should get assistance in the choice of a more suitable
machine, say an assisted tricycle.


As Baker left the court, the judge remarked: "It's a very strange case."


No, the courts are punishing many people who have no victim. Is it
any wonder that the lawless wander our streets when the courts are
playing god with peoples lives.

http://www.bournemouthecho.co.uk/new..._drug_driver_b...

--
Simon Mason


  #5  
Old March 5th 12, 06:41 AM posted to uk.rec.cycling
thirty-six
external usenet poster
 
Posts: 10,049
Default They can't touch you for it

On Mar 5, 3:14*am, Simon Mason wrote:
On Mar 4, 7:46*pm, "Simon Mason" wrote:









I am sure a clued up brief could get that ban overturned.


QUOTE:
IN AN "extraordinary" case, a Poole man was banned from driving after riding
an electric bicycle while on drugs - but can carry on using it. David Baker,
45, of Mansfield Road in Parkstone, appeared before Bournemouth Magistrates
Court. He pleaded guilty to driving a mechanically propelled vehicle while
unfit through drugs. He rode a Huiye Gangmao Electric Scooter down Herbert
Avenue on June 26. He also admitted possessing heroin and cocaine. Baker,
who had no previous convictions, was disqualified from driving for three
years and given a conditional discharge for two years.


However the court heard that Baker's transport did not count under the
disqualification. District Judge Roger House told Baker it was
"extraordinary" that his "electric bicycle" was not covered.
Judge House said: "I am told that this disqualification will not affect
that. I am lost quite frankly as to the logic of that but there it is.
Possessing Class A drugs is fairly serious and also this little bit of
driving was fairly serious, but it was only a short distance and you fell
off again. "I appreciate you were getting home and that's the only reason
you were out."


As Baker left the court, the judge remarked: "It's a very strange case."


It is not *that* strange.
IIRC, there was another case in Oldham where a guy on an electric bike
was fined for drink driving.
Someone who had their head screwed on eventually threw the case out of
court as the law did not apply to him.


It's not law, it's made up crap, statute. An offender of 'statutary
law'. An offender is someone the government doesn't like, and they
make up 'crimes' so as to appease the masses and gain popularity, cos
they're doing something. It's all a crock of ****.
  #6  
Old March 5th 12, 02:17 PM posted to uk.rec.cycling
Scion[_2_]
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Posts: 197
Default They can't touch you for it

Simon Mason spake thus:


"I appreciate you were getting home and that's the only
reason you were out."


Eh? He only went out to get home?
  #7  
Old March 5th 12, 02:35 PM posted to uk.rec.cycling
[email protected]
external usenet poster
 
Posts: 492
Default They can't touch you for it

On Mar 5, 2:17*pm, Scion wrote:
Simon Mason spake thus:

"I appreciate you were getting home and that's the only
reason you were out."


Eh? He only went out to get home?


Those were the words of District Judge Roger House, note the "QUOTE"
at the start of the piece.
This means that those words are not mine, I am just quoting them.

--
Simon Mason
  #8  
Old March 5th 12, 03:07 PM posted to uk.rec.cycling
thirty-six
external usenet poster
 
Posts: 10,049
Default They can't touch you for it

On Mar 5, 2:17*pm, Scion wrote:
Simon Mason spake thus:

"I appreciate you were getting home and that's the only
reason you were out."


Eh? He only went out to get home?


sober as a judge. ;-) One wonders whether the judge had been sworn
in.
  #9  
Old March 6th 12, 01:42 PM posted to uk.rec.cycling
Scion[_2_]
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Posts: 197
Default They can't touch you for it

simon spake thus:

On Mar 5, 2:17Â*pm, Scion wrote:
Simon Mason spake thus:

"I appreciate you were getting home and that's the only reason you
were out."


Eh? He only went out to get home?


Those were the words of District Judge Roger House, note the "QUOTE"
at the start of the piece.
This means that those words are not mine, I am just quoting them.


Yep, I realised that but got sloppy with the attribution/snipping.

I'm sure you'll recover :-)
 




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