159mph cop wins his appeal
Friday 16th March 2007, 12:14PM GMT.
Shropshire traffic police officer Mark Milton, who drove at speeds of up to 159mph while test driving a new patrol car, today won a landmark legal victory to overturn his dangerous driving conviction.But two top judges ruled that Constable Milton’s case must now go back before the district judge who convicted him for “reconsideration”.
Pc Milton, of Bratton, Telford, took his case to London’s High Court last week to challenge the point of law on which his conviction was based.
Today, David Twigg, his solicitor, said Lady Justice Smith and Mr Justice Gross had ordered the conviction be set aside and the case be sent back to District Judge Peter Wallis, who could potentially reconvict him.
Mr Twigg said the ruling had set a precedent for emergency service drivers.
“It will figure significantly in other future dangerous driving cases where anyone can lay claim to having specialist driving skills,” he said.
Mr Twigg said 40-year-old Constable Milton was “pleased”.
“Obviously we would rather not go back to Ludlow Magistrates Court one more time,” he added.
This is the second time the grade-one advanced driver’s case has been through the legal system.
Last February the High Court overturned a district judge’s decision at Ludlow Magistrates’ Court to acquit him of dangerous driving and ordered a retrial. That resulted in his conviction and this month’s appeal.
His trial heard recording equipment had captured him driving an unmarked Vauxhall Vectra at 159mph on the M54 and up to 83mph in built-up areas. He told the court he had been driving according to his training and “honing his skills”.
He was given an absolute discharge and there was no order to pay a fine nor was his licence endorsed.
Constable Milton’s challenge hinged around the terms of the 1988 Road Traffic Act, which his QC said made clear the driver’s “exceptional driving skills” should have been taken into account.
Lawyers for the Director of Public Prosecutions argued his skills were irrelevant.
By Deborah CollinsÂ
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This is another example of our society being a do as I say not as I do nanny state. This officer is supposed to set an example to the public he serves not behave with contempt in his initial actions, but further alienate them with his refusal to accept his punishment.
How can the Police service build bridges and expect cooperation when they operate under a different set of rules to the very people to whome they should be accountable ?
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So the cop wins his appeal, I think this continues to alienate the police from the public, when they do not have to operate to the same rules as the rest of society. He was not on a callout at the time, he was doing 159mph – I thought one of the reasons that the police have the helicopter is so that high speed chases can be monitored by the helicopter,I also thought that the police had rules whereby at certain speeds they backed off since it would be deemed dangerous to the public to continue the chase. Also there are very few modern cars that can do 159mph, they are limited to 155mph.
It is just like the speeding tickets that are not enforced for the police officers ( which I agree with when they are on a callout)
What would have been the case if he had crashed the car and killed someone?
If the police want the respect of the public then they have to earn it, while they continue to receive favourable treatment then they will not
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Why should an officer of the law feel the need to “test drive” a newly issued patrol car on a public road?
I should expect it top speed would have been well know before the vehicle was brought in. If this is normal for the police force to sanction life threatening speeds on public roads, this needs looking into.
If the police force do not sanction this type of thing, and he was not repsonding to a persuit or emergency then it is surely a criminal action and he should be punished to the full extent of the law.
What kind of example does this set.
The police force are constantly using “speed kills” as their backup for the chain of speed cameras littering our roadsides.
Which is it, speed kills or speed is okay if you are testing out a new car.
These tests if needed at all, should be done on a track so the public are not at risk.
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So taking on that theory, perhaps I should get myself on to one of these so called “advanced driving courses”. This would then allow me to drive at ridiculous speeds and use this case a precedent to allow me to get off with it.
Crazy ruling, but it just shows that there is one rule for the police and another rule for civillians.
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At last some sense in this matter!. Everyone wants the support of the Police when they have a crisis situation in their lives but are frequently too quick to slag the Police off when it suits.
Have any of these people who criticise ever been in a high pressure job where margins of error are so small ?. The training is extensive and the expectancy in that training is that you can push right to the edge when driving these vehicles at these speeds. The job is that of an emergency response and the guys have to be ready for that.
No doubt all the critics will come out from the comfort of their cosy live’s and houses to have a go at teh Police again. I say stand back and take a look at yourself. Would you take the same position if you called the Police and wanted a quick response or this case surrounded perhaps a Paramedic / Fireman. I don;t think so !!
Don’t be too quick to condem this man.
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Congratulations P.C. Mark Milton, I am pleased to see that common sense has finally prevailed. Weldone!
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Anybody else would have lost their licence & got a hefty fine.
Another prime example of the police being above the law.
He should be sacked.
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Well let’s hope that this time it goes back to the magistrate and he is actually convicted and sentenced properly. To be convicted of a major driving offence (dangerous driving) and given no punishment whatsoever, in itself was something of a legal landmark. I’m sure that anyone else convicted of this would have been banned. There are cases where the police train their drivers and refresh their skills as part of properly constituted and above all supervised training exercises. I’ve seen no indication that this is what went on here – it seems far more likely that this officer took it upon himself to go and have a play in his new toy. I’ve always been a supporter of the police, but arrogant, ill-disciplined examples such as this only serve to undermine that support.
Disgraceful double standards!
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Nobody can drive safely at 159 mph and anybody who thinks they can is arrogant, reckless and careless of public safety. That the road was clear is irrelevant – circumstances can change in a split second and at that speed no-one can react in time. That the police force we pay for and are expected to respect should condone such arrogance beggars belief.
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If I remember correctly Jensen Button was fined for speeding and he is a formula 1 driver.This police officer has admitted driving an unfamiliar car at this speed on the public highway for the first time.He should be banned and in future police drivers should gain their experience of new cars on a racing track.
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What a joke
Transport Department put adverts on tv asking people to slow down and kill your speed, what`s the point when police officers are just a danger to the public like the people ho speed.
But as they say there is 1 rule for them and 1 rule for us.
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He should be treated as any other speeding road user, disgraceful waste of public money and yet again one rule for the police and another for the public, shameful.
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Why all the complaints about the police? It was the police that prosecuted him in the first place. Once it goes to Court, it is not the police deciding whether he’s guilty or not, they just provide the evidence.
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Just read paras 1+2.
Says it all for me.
How come he has got away with it?
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According to some of your correspondents, if a police officer sees a criminal in a fast moving car, he should not exceed 70mph at the most. If however he is expected to match a speeding motorist (who could be a violent criminal) and he has a capable vehicle, he must be able to have the experience and ability to drive fast when required. Where and when is he supposed to practice high speed driving if not on public roads?
V.Ellis
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Every one seems to comment on the 160 odd on the motorway, I think the far worse offence was 80 odd mph in a 30 mph limit in a built up area, how can he get away with it.If he does get away with it , it does the reputation of his colleagues no good at all.
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you critics have to acknowledge that unless you sat through the court cases you dont know the facts – other than how the media wish to report the juicy bits. if you knew the facts you would only be asking one question – why was pc milton on trial in the first place? he was following orders, given to him by his superiors, therefore should it not be the chief constable in the dock at the very least, if not acpo, or the home office. if the conviction was to stand then there are a lot of influential people who should be charged with aiding and abetting dangerous driving as they are the people who issue the guidelines and who state this is acceptable practice. how this low rank pc can be persecuted by the very people that instructed him to do what he did, is beyond belief. if there are questions that need to be asked – ask them of the right people, and stop making a scapegoat out of one of numerous emergency response drivers in the country that do the same.
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Good.
Common sense has prevailed
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I am afraid that I have to agree with the consensus on here and say that this is one more nail in the coffin of any sense of justice or fair play in this troubled 1984 brave new world land we all now appear to live in.
I also think it is terrible that we are all losing our long held freedoms on a daily basis but agents of the police state are free to do anything.
Be Fair!………. Jail Blair!
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Nothing can justify that driving at 159 mph is safe in any situation on public roads, are police actually allowed to give pursuit at such speeds anyway? i recall my mums shop being robbed as police were passing and they got away because the police couldnt go over 100mph.
as for the comment above about what would be the case if this was a paramedic or fireman, if they werent required to be travelling at that speed then they should also face the same. his actions were completely unneccessary, if he wins this case then maybe next time im on test drive maybe i should do the same speeds down the M54
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Your nearest and dearest is under threat of death by a crazed man. The nearest Police officer is dispatched. Multiple Choice Question.
A) Would you want the Officer to arrive as quickly and safely as possible – thus save your nearest and dearest.
B) Drive according to the speed limits – might not save your nearest and dearest.
c) Drive casually to the scene and not break any laws – nearest & dearest dies.
Your choise ?
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As an ex-policeman with inside information on this case and having received ‘police’ training for driving, i would like to point out the following:
PC Milton has been working at the sharp end of front-line Policing for many years in the Telford area. His professionalism is high and has continued throughout this case. I wonder how many people he has helped during his time who have rang the emergency numbers. Do not forget when he is driving at high speeds to protect you and I he is not only putting his life at risk but also every other road user. i would much rather he practiced driving at night when roads are quieter than not practice and crash in the day time through lack of training. Of course there is an alternative, he could not respond quickly in emergency situations any more. The same people who complain about PC Milton not being prosecuted are usually the same ones that complain about Police being too slow to catch people.
Unless you have actually served in the Police, you really are unable to appreciate the demands of the job and the people that you have to deal with on a daily basis. Most people believe it is exactly like the Bill.
I actually think he made a mistake that night but if he was to pay for it with his job the people of Telford would suffer just as much as him.
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As Victor Meldrew would say ‘I don’t beleive it!’
Firstly, I find it hard to believe that Pc Milton doesn’t show a shred of decency by quitting and not taking his case this far. Can he not see the damage he has done for road safety.
Secondly, and almost as unbelievable are the judges who reached today’s decision. What planet are they on?
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for me its not the 159mph on the M54,(its probably one of the quietest motorways in the uk )its the fact he was doing 80+mph in a 30 zone,this was a built up area.someone leaving a pub or club in the wee hours could have quite easily stepped or stumbled of the footpath.
as said above the police have brought this to court,the the court that has made a mockery of the law
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there are places for this sort of thing, unused runways, racing circuits etc. an officer is not responsible for testing a patrol car at those speeds, so he had no reason to be doing so. it was reckless and unnecessary
my car is capable of similar speeds, should I ‘test’ this claim? dont think I’d be walking the streets for long if I did
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oh dear so pc milton gets away with it. it seems so unjust when joe public does a couple of miles over and is well hammered.i allso say one law for the police and damn the rest,we will never have faith in the police with cases like this.
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You or I would have lost our driving license and possibly gone to jail for driving at such speeds.
If this officer needed to test drive this new police car then maybe he should have gone to a “Test Track”. The public highway is not a test track.
I have no doubt in my mind this arrogant officer is using every means he can to wriggle out of this conviction.
The decent thing to have done would have been to throw up one’s hands and accept he got caught and face the consequences.
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Testing of such cars should be authorised first, then carried out in controlled conditions away from the public. This whole case stinks of hipocrisy and the officer should have been thrown off the force at the very least. How are we to respect these police officers if they go around doing as they please?
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Trevor Greens comments are laughable. This case is an absolute disgrace. He must face the consequences of his actions.
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like a lot of police in shropshire he should be taken out of his fast patrol car and put on the beat to catch real criminals instead of being a joy rider paid for with my council tax.
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I wonder if he would of appealed his conviction if he had seriously mamed or killed some one?
It makes you wonder?
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An appalling ruling!
I hope that PC Milton is reading these comments and realises the total lack of public suport that he has!
He should have shut up and accepted his conviction as everyone else has to!
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As an Advanced Motorcyclist and ex instructor myself I know that “the only way you can do it is to do it”. Once skills have been raised to this level they MUST be kept sharp. Best of luck to this persecuted PC.
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There is a need for police to drive quickly, and there is a need for them to retrain regularly. Such training is properly arranged and supervised on public roads. This incident did not form any part of properly planned and supervised training – if it had it would never have gone to court. I don’t believe for one second that he was ‘ordered’ to do this, save perhaps as part of a hasty post-event cover-up once it went to court.
I have a serving traffic officer in my family – he too is disgusted at this man’s actions, and at the harm he has done to the reputation of his colleagues.
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Just another example of double standards by the police AND the courts.
I can remember a case where a judge was 3 times over the DD limit – he got let of because he said his wife (the driver) had a panic attack and refused to drive in the fog on the motorway!!
I really do despair, and have no faith moreover TRUST the the police or courts at all.
All very sad indeed.
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as pc milton has not spoken out to the public or the media at any point during this lengthy case – how dare anyone make personal comments about his character?
‘this arrogant officer’ is a totally unnecessary and unfounded comment, unless of course the writer knows the person to which he is slandering.
obviously not – as the people that do know him use words such as ‘professionalism is high’.
make judgements, if you wish, based on the often biased media reporting about the events of that evening, but your arguments are belittled beyond belief by making pathetic comments like that. grow up.
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As a serving officer in the Fire Service and having driven Fire Appliances for over Twenty Years without any accidents I Question the actions of this officer who it appears has never heard the expression (Duty of Care)which applies to all of us in the emergency services when we are driving to incidents.However due to a High Court ruling in the 1960′s He will probably be aquitted.
The public hava right to be annoyed when the police batantly abuse the law but hold all other moterists to account for their actions.
The West Mercia Police should issue directives to their drivers about such behavior which has happened before with tragic circumstances.
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Semantics gone mad why is driving at this speed not dangerous? It patently is. A car is a dangerous tool and when abused can cause untold grief and damage. Presumably funded by the Police Federation this police officer can afford to argue the niceties in the highest court in the land
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