R -v- Halliday (15 th December, 1997) Unreported Judgment of The Court of Appeal of England: No. 97/6136/X2
R -v- Ball (1951) 35 Cr. App.R. 164.
Butterworth’s Road Traffic Service (1998 Ed’n): Vol 1: S.4: Disqualification:
paras 4, 71-81.
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Appeal against a sentence of a £250 fine or seven days imprisonment in default of payment, with three months disqualification from driving (suspended, pending determination of appeal) imposed on 24 June 1999 following a guilty plea to one count of driving without reasonable consideration for other road users, contrary to Article 15 of the Road Traffic (Jersey) Law 1956, as amended
THE DEPUTY BAILIFF: This is an appeal against a sentence of disqualification from driving for three months imposed by the Magistrate on 24 June 1999.
The offence occurred on 26 January when a police car stopped at the junction of Croix du Lion and La Grande Route de St Ouen, and saw the appellant driving his car at speed. It was about midnight. The officers attempted to follow, but did not catch up with the appellant’s car. They eventually caught up with the appellant at his home.
The appellant has lived at his address at the Route de Marais for some twenty years and knows the road and it’s conditions extremely well. He readily admitted to driving at excessive speed - between 60 and 65 mph at times in the village - which is in a 30 mph zone. The Magistrate referred to the cross-roads near St Ouen’s Manor as a known danger spot.
The appellant admitted that he was preoccupied because he had to attend a court hearing as a witness the next day. He had been drinking but was within the limit. He was 38 years old and during the journey saw no pedestrians. He was originally charged with dangerous driving, but agreed to plead guilty to careless driving under Article 15 after consultation with the Centenier and Advocate Tremoceiro.
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