19/05/2008
'Carer' Has Speeding Fine Quashed
A driver who was fined for speeding - as his wife suffered an epileptic fit - has had charges against him dropped.
Sixty-three-year-old Sydney Duffy, a full time carer, was recorded at 35mph in a 30mph zone on Beacon Edge, Penrith, in February.
Mr Duffy said his foot hit the accelerator when he was trying to assist his wife, Rovina, and he refused to pay the £60 fine.
Mr Duffy said that his wife fits three or four times a day and that at the start of a fit she get "an excruciating pain in the back of the head" and then "thrashes about".
A letter sent from the central ticket office of Cumbria Police said that they sympathised with the circumstances surrounding his wife's health but that his speed was "within the parameters where a fixed penalty will be processed".
Earlier this week, celebrity lawyer Nick Freeman, who has represented David Beckham and Jeremy Clarkson, offered to give legal aid to Mr Duffy for free.
Cumbria Police have confirmed that there will be no further action on the case.
A spokesperson said that "all prosecutions were considered on "individual merits" and that prosecutions will continue "where circumstances require it".
In News & Star Newspaper, Mr Freeman said on the decision: "At least common sense has prevailed in the end.
"I felt disbelief when I read about this case. If a police officer had stopped Mr Duffy, he'd have exercised his discretion and rendered assistance, perhaps calling an ambulance.
"The problem with cameras is that they're a little like Robocop, and have no discretion. Somebody who legally and morally was totally innocent was threatened with being dragged through the court system."
(DS)
Sixty-three-year-old Sydney Duffy, a full time carer, was recorded at 35mph in a 30mph zone on Beacon Edge, Penrith, in February.
Mr Duffy said his foot hit the accelerator when he was trying to assist his wife, Rovina, and he refused to pay the £60 fine.
Mr Duffy said that his wife fits three or four times a day and that at the start of a fit she get "an excruciating pain in the back of the head" and then "thrashes about".
A letter sent from the central ticket office of Cumbria Police said that they sympathised with the circumstances surrounding his wife's health but that his speed was "within the parameters where a fixed penalty will be processed".
Earlier this week, celebrity lawyer Nick Freeman, who has represented David Beckham and Jeremy Clarkson, offered to give legal aid to Mr Duffy for free.
Cumbria Police have confirmed that there will be no further action on the case.
A spokesperson said that "all prosecutions were considered on "individual merits" and that prosecutions will continue "where circumstances require it".
In News & Star Newspaper, Mr Freeman said on the decision: "At least common sense has prevailed in the end.
"I felt disbelief when I read about this case. If a police officer had stopped Mr Duffy, he'd have exercised his discretion and rendered assistance, perhaps calling an ambulance.
"The problem with cameras is that they're a little like Robocop, and have no discretion. Somebody who legally and morally was totally innocent was threatened with being dragged through the court system."
(DS)
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