A LOCAL VET who was last week given penalty points resulting in a six-month driving ban has had the sentence reduced on appeal.amassed 12 penalty points on his driving licence has had the mandatory six month disqualification reduced on appeal, but with a stern warning from a judge on “the cavalier attitude” shown.
Stephen Frederick Hazelton (27) from Teiges Hill Road, Brookeborough admitted driving without insurance on 18 January last.
Last week in court he was given six penalty points which resulted in him being banned from driving for six months as he had previous points for speeding and driving while using a mobile phone.
This week, however, another judge decided to reduce the driving ban.
He previously appeared before Dungannon Magistrates Court where it was heard police carrying out a mobile patrol in Fivemiletown stopped a Hazelton who was driving a Toyota Land Cruiser.
He explained he had just returned from some months been abroad, but was sure he was covered. This was not the case.
A defending lawyer said his client’s licence, “Is now in some jeopardy” as he had six live penalty points. These were imposed in 2017, three for speeding and three for using a mobile phone.
Urging District Judge John Meehan not to impose the mandatory six months disqualification, the defence submitted a letter from Hazelton’s employers, stating his requirement to be on call 24 hours.
He said, “My client lives in a rural community and needs his licence for work, so his job is in real difficulty.”
Judge Meehan said, “I have previously ruled on the parliamentary requirements of mandatory disqualifications and the discretions sought. I have repeatedly invited anyone to take it to the court of appeal if they disagree with me.”
He continued, “The letter from the veterinary practice states his job is not at risk”
Judge Meehan said, “There is nothing in the letter which says they will let him go. I do what parliament has legislated in the penalty points system – the court shall disqualify on reaching the maximum. It is laid down by statute. This is not a case for special measures. I am bound to apply the law.”
He imposed a fine of £250 along with six penalty points, which brought Hazelton’s total to 12, and a mandatory six month disqualification. An appeal was lodged immediately in respect of the disqualification only at Dungannon County Court, in which Hazelton’s professional position was highlighted, and a reference submitted.
Ruling, Judge Stephen Fowler QC said, “There has been a cavalier attitude to driving in general having accumulated that number of points.
“The number of deaths and the amount of carnage I see involving speed and mobile phones whilst driving is notable.
“This covers a whole spectrum of individuals. The lax attitude towards road laws will not be tolerated. The messages are not being heard.”
However, the judge agreed to reduce the disqualification to two weeks allowing Hazelton to continue working, warning, “But for the reference and amount of miles required to travel, I am willing to accept this is an exceptional circumstance.”
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