Nwicker60
31-Oct-15, 09:41
Sympathetic sheriff lets erring charity worker keep his licence
A DRIVER, liable for disqualification, escaped the ban yesterday. Sheriff Andrew Berry took a sympathetic view of Leslie
Mitchell's speeding case and did not enforce a mandatory ban which would have put the accused off the road for six months.
Mitchell, 61, made an 800-mile round trip from West Sussex to Wick Sheriff Court, to plead guilty to driving a bus at 76mph in a 50mph limit at remote Achnavanach off the A9 on the east coast of Caithness.
The court heard that charity worker Mitchell, of 142 Tower Road, Sompting, Lancing, was in the north for an event at the time, on July 13. He wasn't due to have been driving the bus but took the wheel after the scheduled driver was unavailable.
It was stated that Mitchell already had nine penalty points on his licence and the speeding offence attracted an obligatory three points. Under the totting-up procedure, that would normally have triggered the disqualification.
However, Sheriff Andrew Berry, who was advised that disqualification would affect Mitchell's charity work and that he had hardship and health problems,took the exceptional step of endorsing his licence with the three points, but not applying the disqualification.
The sheriff commented that legal procedures ought to be "flexible" and, given all the circumstances, he would also admonish the accused.
Sheriff Berry cautioned Mitchell, however, that he would not be able to make the same mitigating arguments should he ever appear in court again.
A DRIVER, liable for disqualification, escaped the ban yesterday. Sheriff Andrew Berry took a sympathetic view of Leslie
Mitchell's speeding case and did not enforce a mandatory ban which would have put the accused off the road for six months.
Mitchell, 61, made an 800-mile round trip from West Sussex to Wick Sheriff Court, to plead guilty to driving a bus at 76mph in a 50mph limit at remote Achnavanach off the A9 on the east coast of Caithness.
The court heard that charity worker Mitchell, of 142 Tower Road, Sompting, Lancing, was in the north for an event at the time, on July 13. He wasn't due to have been driving the bus but took the wheel after the scheduled driver was unavailable.
It was stated that Mitchell already had nine penalty points on his licence and the speeding offence attracted an obligatory three points. Under the totting-up procedure, that would normally have triggered the disqualification.
However, Sheriff Andrew Berry, who was advised that disqualification would affect Mitchell's charity work and that he had hardship and health problems,took the exceptional step of endorsing his licence with the three points, but not applying the disqualification.
The sheriff commented that legal procedures ought to be "flexible" and, given all the circumstances, he would also admonish the accused.
Sheriff Berry cautioned Mitchell, however, that he would not be able to make the same mitigating arguments should he ever appear in court again.