Trinity's Fraser Williamson recently appeared before Sunderland Magistrates’ Court representing the Defendant in a case involving an allegation of driving at 81mph in a 40mph zone. The matter was listed for a special reasons hearing.
Fraser conducted a detailed examination-in-chief of the Defendant, allowing him to give a clear account of the genuine medical emergency that led to the offence: his young son’s asthma attack, the absence of a working inhaler in the car, and the urgent decision to drive to his ex-partner’s workplace where an inhaler was available.
Through structured questioning, Fraser enabled the Defendant to demonstrate to the Court that this was not a case of deliberate or reckless speeding, but one driven by necessity.
In submissions, Fraser directed the Bench to the established four-stage test in R v Wickens [1958] 42 Cr App R 236 and reinforced the principle with further authority Whittal v Kirby [1947] KB 194, emphasising that emergencies can properly constitute special reasons.
The Court accepted these submissions in full and were satisfied that the speeding was committed in the context of a genuine medical emergency and exercised the discretion not to endorse the Defendant’s licence with penalty points or impose a disqualification.
Fraser was instructed by Caddick Davies Solicitors.