Harlow man escapes driving ban despite being twice over the limit
Crime / Thu 21st Apr 2022 at 10:07am
A HARLOW man has escaped a driving ban despite being twice over the legal limit and assaulting a police officer.
Gary Ayscough, aged 61, of Old Orchard, Harlow was found guilty at Chelmsford magistrates court to the following.
On October 22nd 2021 at Harlow you were in charge of a Mercedes C230, on Old Orchard, after consuming so much alcohol that the proportion of it in your breath, 95 microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit.
On October 23rd, 2021 at Harlow you assaulted a police officer, acting in the exercise of his functions.
Ayscough was fined a total of £300.00 and given ten penalty points.
jarrett
2022-04-21 11:15:05
How did he get away with ten points and 300 sovs for Christs sake.
Jerry
2022-04-21 12:04:45
So when did they change the drink driving law ? It was a mandatory 12 month ban and fine. Perhaps the magistrates court could let us know now and why he "got away with it" I hope that the Police officer he assaulted takes out a private prosecution against him.
Sharon Mitchell
2022-04-21 13:24:11
Disgusting should have been a ban thought there was a no tolerance on drink driving
mike
2022-04-21 14:34:20
im guessing he had a top notch lawyer but agree how on earth wasnt he banned, sends out the wrong message
Richard
2022-04-21 15:45:15
The problem with trying to comment on brief reports like this is that readers do not have all the facts that the court would have. It is right that driving over the limit is subject to a mandatory ban of at least 12 months but there is one exception where the defendant can prove exceptional hardship if they loose their licence. What constitutes exceptional hardship is subject to strict guide lines from the ministry of justice. For instance loosing your job because you loose your licence would not be an exceptional hardship, but showing you need your licence to take your wife for life saving medical treatment might be. It all depends on the facts of the case which as a reader of this report we don’t have. The fact that the defendant received 10 points means that if they commit one more offence In the next three years where points can be added the defendant will automatically loose their Licence. You are not allowed to argue exceptional hardship twice. If readers are interested there is couple of books by the Secret Barrister that explains some of what appears to us lay people as the law being silly but where there a good legal explanation behind it. I would also urge editors and journalists to perhaps report more of the facts.
James
2022-04-21 16:14:39
I suspect that to be the case also Richard. Seen it before when people do not get banned, they do normally get a higher fine. On top of assaulting a police office it does seem particularly lenient.
Adam
2022-04-21 18:28:33
This has nothing to do with the hardship etc. as to avoid a driving ban. He was not charged with drink driving offence which has min 12 month ban, but being in control - you could be drunk and sleeping in your car and it is drunk in charge. The maximum for that is 10 point and a discretionary ban
Shaun
2022-04-22 08:03:34
Unbelievable I thought drinking and driving was an instant band keep this s*** up you will only get a year if you do murder we're gone that's soft.
Laurence
2022-04-22 08:04:21
What ever this man’s circumstances this sentence is ridiculous the judge of this case should be fired
Mazzy
2022-04-22 19:10:38
What an absolute joke. What planet is this judge living on?
Shaun
2022-04-27 08:03:59
How did you get away with not having a ban what are you f****** the judge or paying him a lot of money for a softer sentence.
Leave a Comment Below:
11 Comments for Harlow man escapes driving ban despite being twice over the limit: