WikiWirral Share a Little Learn a Lot about your Wirral
Forum Stats
12328 Members
65 Forums
73257 Topics
989212 Posts
69 posts in the last 24hrs
Max Online: 7831 @ 8th Apr 2013 4:18pm
Who's Online - Click Me
69 registered (alan128, 12 invisible), 1381 Guests and 320 Spiders online.
Key: Admin, Global Mod, Mod
Social Media : Follow Us


(Views 7days)This Weeks Most Read
Finsbury Park mosque. 1206
Bexit Offer for EU Citizens 294
Washing machine 250
Range Rover P38A Air Suspension Help Needed 186
Loving Home Wanted For 3 Cats. 144
Loving Home Wanted For 3 Cats. 130
Benefit Cap is Unlawful 117
Ant and Dec 103
Deja Vu, Lightning Strikes Thrice, Groundhog Day 100
VW t4 fixed side window replacement 96
New General Forums
Deja Vu, Lightning Strikes Thrice, Groundhog Day
by fish5133
22nd Jun 2017 7:38pm
Ant and Dec
by cools
18th Jun 2017 2:11pm
Another Scam
by Excoriator
18th Jun 2017 10:00am
Happy birthday Ste
by Dilly
12th Jun 2017 7:54am
New Wirral History
Round the Wirral with a movie camera[1934]
by snowhite
16th Jun 2017 2:03pm
Bascule Bridge
by Sufee
6th Jun 2017 9:09pm
Pathe news short - merseytunnel 1934
by oldpm01
5th Jun 2017 1:57pm
1878 Post Office Directory of Cheshire query
by derekdwc
1st Jun 2017 10:41pm
Bakery at 275 Poulton Road 1925 onwards
by JAFitz
30th May 2017 8:59pm
Forum Tips
Photo Gallery Forums
wirral from Liverpool big wheel
New Brighton Big Wheel
Topic Replies
Bexit Offer for EU Citizens
by granny
Yesterday at 11:27 PM
Finsbury Park mosque.
by Dilly
Yesterday at 12:16 PM
Loving Home Wanted For 3 Cats.
by lincle
Yesterday at 12:03 PM
60 KG Weights set & exercise bars FOR SALE £40 !!
by GaryFromWirral
Yesterday at 10:25 AM
What song are you listening to?
by snowhite
23rd Jun 2017 11:37pm
Where In The Wirral Is It??
by Mark
23rd Jun 2017 1:25pm
VW t4 fixed side window replacement
by lansyp
23rd Jun 2017 10:22am
Unilever's Power Stations
by Jimbo620
23rd Jun 2017 8:18am
Benefit Cap is Unlawful
by RUDEBOX
22nd Jun 2017 7:37pm
June
M Tu W Th F Sa Su
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
Recent Posts : What's On ?
Shotwick - Old And New (Hall and Solar Farm)
by diggingdeeper
18th Jun 2017 11:41am
Sefton Park
by diggingdeeper
17th Jun 2017 7:28pm
Topic Options
Rate This Topic
#69264 - 27th Feb 2006 7:22pm Legal get-out clauses
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 21062
Loc: Wirral
Legal get-out clauses

The casebook of Mr Loophole
Freeman: escape expert to the stars



Nick Freeman, aka Mr Loophole, has built his reputation as solicitor
to the stars who fall foul of motoring law, writes Peter Hall.
Recently he has begun making his expertise available to ordinary drivers.
Keep On Driving is a subscription service which for £4.99 a month
provides legal advice to drivers stopped by the police or who have
received a fixed penalty. A quick study of Freeman’s most famous
cases provides a guide to the kind of defences that can be mounted.


Duress of circumstance
In 1999 David Beckham was charged with speeding in his Ferrari.
Freeman argued that at the time he was being chased by paparazzi
and was forced to drive with excessive speed to avoid death or injury.

He lost the case at the magistrates’ court but took it to the
crown court. The judge upheld the guilty verdict but because of
the circumstances revoked the three penalty points that had been imposed.



“Duress of circumstance can be used in many situations,
” says Freeman. “You could be driving on a motorway and
someone is driving too close to you; you might be afraid
of being carjacked; another driver might be driving like an
idiot. The law enables you to put distance between you and
them. You can’t deny your driving but you can put forward
a reason for it.”


Medical emergency
Sir Alex Ferguson was charged with driving on the hard shoulder
of a motorway — an offence that carries a three-point penalty.
Freeman successfully argued that the Manchester United manager
had been suffering from diarrhoea and needed to be able to
leave the car quickly.

“I said to the court that he had two choices, one of which was
particularly unpalatable,” says Freeman. “Once that is raised,
the prosecution has to prove beyond reasonable doubt that it is
not true. The key point with this defence is that you can only
argue it if you felt unwell only after you had first joined
that particular road and not on the journey as a whole.

“Many conditions are a valid argument for this defence as long
as you perceive it subjectively to be an emergency at the time.
The defence can also cover things such as dangerous driving.”

Unable to provide a sample
Ronnie O’Sullivan, the former world snooker champion, was
charged with failure to provide a urine sample for laboratory
analysis. Freeman successfully argued that because O’Sullivan
had been suffering from depression he was medically unable to do so.

“The newspaper headline was, ‘Too stressed to wee’, but there
was a medical reason why he couldn’t.

“From a legal perspective I don’t have to prove this was true,
I have to raise it as an issue,” says Freeman.
“Once we raise it — with expert medical evidence — the prosecution
have to disprove it with medical evidence.”

Coercion
Ashley Fitton was breathalysed after an evening out with her
husband and found to be over the limit. Freeman argued that
the former model had been coerced into driving by her husband,
who had a History of violence and abuse.

“Legally you cannot be found guilty if you have been forced
into doing something. The key point is that there has to be
a real threat of violence,” says Freeman.


Failure to prove ID
Failing to prove the accused was behind the wheel is one of Freeman’s
most successful tactics. He used it in the case of golfer Colin
Montgomerie, who had been caught speeding after a night out.

“In court the policeman didn’t identify the accused, he referred
to a Mr Montgomerie, but that could have been anyone. There was
no date of birth given, no address given and no dock
identification,” says Freeman.

“This sort of mistake by the prosecution is more of a technicality
but it is more common than you think. You should always be
identified with name, date of birth, address and ideally a visual ID.”

Times Online - Click Me
_________________________
My Avatar images are all from the Wirral Gallery.Click Me
Wow Wirral History is coming along Great! Wirral History

we get +200 new members a month now smile

Top
Google Ads
#69265 - 27th Feb 2006 9:25pm Re: Legal get-out clauses
Cali_16v Offline
Wiki Guide

Registered: 17th May 2004
Posts: 6261
Loc: Birkenhead
some very intresting stuff there, food for thought
_________________________



Top

Moderator:  Mod 
Random Wirral Images

Click to View Topic.
Newest Topics
Bexit Offer for EU Citizens
by granny
23rd Jun 2017 9:38am
Benefit Cap is Unlawful
by RUDEBOX
22nd Jun 2017 7:37pm
VW t4 fixed side window replacement
by Mike72
22nd Jun 2017 8:00am
Range Rover P38A Air Suspension Help Needed
by Martin1943
20th Jun 2017 8:06pm
Loving Home Wanted For 3 Cats.
by DavidC
20th Jun 2017 8:32am
For Sale & Free
Washing machine
by GingerTom
20th Jun 2017 9:05pm
22" full 1080p hd and freeview tv
by monsterz4
20th Jun 2017 8:50pm
Apple TV box the 1gen
by monsterz4
20th Jun 2017 8:48pm
42 lf smart tv
by stumpyduck
20th Jun 2017 8:15pm
Wanted roof box
by monsterz4
19th Jun 2017 10:32am
Featured Member
Registered: 18th Sep 2013
Posts: 345
Newest Members
Fairz87, mikerobbo84, Robbo1960, Gwhiz03, SamphireGreen
12328 Registered Users
Today's Birthdays
woofie (55)
New Wirral Info
Shotwick - Old And New (Hall and Solar Farm)
by diggingdeeper
15th Jun 2017 10:19pm
Sefton Park
by diggingdeeper
15th Jun 2017 10:02pm
Property Law
by lau2908
14th Jun 2017 8:04pm
van driver needed
by futurepast
14th Jun 2017 7:34pm
Sailing volunteers
by dogsbrain
14th Jun 2017 4:31pm
News : New Topics
Bexit Offer for EU Citizens
by granny
23rd Jun 2017 9:38am
Benefit Cap is Unlawful
by RUDEBOX
22nd Jun 2017 7:37pm
Finsbury Park mosque.
by Beethoven
19th Jun 2017 11:42am
Grenfell Tower - Notting Hill
by diggingdeeper
14th Jun 2017 5:13am
Manchester airport
by Dilly
9th Jun 2017 6:01pm
New Enthusiast Forums
VW t4 fixed side window replacement
by Mike72
22nd Jun 2017 8:00am
Range Rover P38A Air Suspension Help Needed
by Martin1943
20th Jun 2017 8:06pm
Loving Home Wanted For 3 Cats.
by DavidC
20th Jun 2017 8:32am
Loving Home Wanted For 3 Cats.
by DavidC
18th Jun 2017 6:02pm
Code reader
by madrob
16th Jun 2017 9:09am
(Views 24hrs)Trending Newest Topics
Wirral Sunrise Sunset
Sunrise Sun 4:44am
Sunset Sun 9:45pm
Local Time Sun 6:19am
WikiWirral Can . . . .
Advertising Click me
To Advertise with
Wikiwirral Click Me