The Director of Public Prosecutions is challenging a court's refusal to convict a policeman even though he drove at more than 159mph on a motorway.
PC Mark Milton, 38, from Telford, Shropshire, was recorded by the patrol car's video camera on the M54 in the early hours of December 5, 2003.
But District Judge Bruce Morgan acquitted him at Ludlow Magistrates' Court after describing the constable as the "creme de la creme" of police drivers.
Lady Justice Hallett and Mr Justice Owen, sitting at London's High Court, are being asked to set aside Judge Morgan's decision.
The Ludlow district judge heard that PC Milton was trained in advanced driving skills and was "familiarising" himself with a new car.
He was also trained in the use of firearms.
Judge Morgan took into account that two police officers who gave evidence for the prosecution, including West Mercia Police's senior driving instructor, had declined to classify the defendant's driving as dangerous.
The judge observed: "I can't help but see the irony that those that brought this prosecution are those very people who have purchased cars that go at this speed and paid for him (the defendant) to go to learn to drive at these speeds."
The magistrate also expressed concern at West Mercia Constabulary's "total lack of policy" on when and where police drivers should practise driving at very high speeds.
Later, a police spokesman said the force was to clarify the guidance issued to advanced drivers.
The Royal Society for the Prevention of Accidents (Rospa) said it was shocked that such a speed was not regarded as dangerous by the court.
Speed in itself is not dangerous, it's just where you do it, and how you do it that makes it dangerous.
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| The judge observed: "I can't help but see the irony that those that brought this prosecution are those very people who have purchased cars that go at this speed and paid for him (the defendant) to go to learn to drive at these speeds." |
That is a fantastic statement. Brilliant Judge.
Time I went out for a spin in the car down the motorway push it to its limit
Toby and I have jut been out, Raced around the beach to the MAX!
I was just traiing though, -*test*-('")ing the speed!!

10MPH!!!
Bloody hell good thing there was no cameras around
| QUOTE (Donkey Walloper @ Feb 1 2006, 03:47 PM) |
Toby and I have jut been out, Raced around the beach to the MAX!
I was just traiing though, -*test*-('")ing the speed!! 10MPH!!! |
So long as you were not abusing any blues & twos fitted to Toby's saddle!!!! lol
Is it a bird?......is it a plane?.......NO ITS TOBY!!!!!!!!!!!!!!!!
Hey, look at this!!! :
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159mph Pc's acquittal overturned
A police constable who reached 159mph on a motorway has had his acquittal for speeding and dangerous driving overturned by the High Court.
Pc Mark Milton, 38, from Telford, Shropshire, was recorded by the patrol car's video camera on the M54 in 2003.
District Judge Bruce Morgan earlier cleared him after hearing he was "familiarising" himself with a new car.
On Wednesday, two High Court judges sent the case back to Ludlow Magistrates' Court to be heard again.
The judges ruled the district judge erred in law when acquitting the West Mercia officer of dangerous driving last May, after describing him as the "creme de la creme" of police drivers.
'Simply inadmissible'
Lady Justice Hallett, sitting with Mr Justice Owen, said the district judge had taken into account irrelevant matters, including opinions of senior officers that Pc Milton's driving was not dangerous.
She said that evidence was "simply inadmissible" and an appeal by the Director of Public Prosecutions against his acquittal would be allowed on that basis.
The case has been sent back to Ludlow magistrates for a re-hearing before a differently-constituted bench.
After the case, the CPS said in a statement: "We felt it was correct that we should appeal the decision in the case of PC Mark Milton, and we are pleased the Court of Appeal has agreed with us."
But Mr Milton's solicitor, David Twigg, said the ruling would have wide implications for the way police officers are trained.
"I think that the court had the impression today that what went on in West Mercia was in some way individual, and idiosyncratic and it wasn't," he said.
"The problem is going to be that high speed driving, for operational purposes, is quite frankly, essential if the police force is going to be effective.
"If that's going to be done safely, it's got to be done by drivers who are practised in doing it in non-operational circumstances when the adrenaline isn't running."
'National guidelines'
A West Mercia Police spokesman said it would be "inappropriate to comment" after the High Court referred the case back to a lower court.
But he added: "In West Mercia, clear guidelines which ensure that all advanced drivers know what they can and cannot do when driving vehicles above the posted speed limit - in accordance with national training guidelines - have been circulated."
The guidelines allow for officers to exceed limits, but never to drive at more than 120mph.
Kevin Clinton, head of road safety for the Royal Society for the Prevention of Accidents (RoSPA), said: "We are relieved that the courts are going to look at this issue again.
"There was genuine concern not just from RoSPA, but from members of the public about the original decision." |
If this wasn't politically motivated, I'll eat my hat.
If it is will you still do it,
Got a cutlery set as a wedding present still havnt used our hat knife and fork
A police officer accused of driving at 159mph goes on trial for a second time today.
PC Mark Milton, of Telford, Shropshire, was initially cleared of speeding and dangerous driving last August.
But a High Court ruling overturned his acquittal and earlier this year ordered a retrial.
Milton is alleged to have been clocked at 159mph on the M54 and 131mph on the A5.
He is also said to have driven at 91mph in 30mph areas during the early hours of December 5, 2003.
The 38-year-old traffic officer for West Mercia Police has always denied the charges.
He will go on trial at Ludlow Magistrates' Court.
A policeman accused of driving at 159mph was speeding on the "right" stretches of road, a court has heard.
Pc Mark Milton is standing trial for dangerous driving and speeding after cameras on board his unmarked car clocked him driving at high speeds.
But former police driving instructor Douglas Boulton, who viewed a video of Pc Milton's driving on the day, said he saw "no problem with it at all".
Pc Milton, 38, from Telford, Shropshire, denies both charges.
Mr Boulton, a defence witness, questioned the accuracy of the camera's speedometer and told the court that, in his experience, police officers trained on normal roads and were expected to drive "as fast as it was safe to do so".
He said advanced drivers, such as Pc Milton, were expected to keep up their skills.
"Michael Schumacher at the end of the Grand Prix season doesn't sit down and do nothing for six months - he still practises and -*test*-('")s because he has to keep himself at a particular level."
He said after viewing the video of Pc Milton's driving on the day: "His driving, as far as positioning, I find no problem with it at all.
"The speed when he did it, he did it in the right places."
Pc Milton, who was driving a 3.2l Vauxhall Vectra on 5 December 2003, is facing his second trial.
He was originally cleared of the same charges but the High Court overturned his acquittal and ordered a retrial.
The case was adjourned until Friday.
That judge will be fired for being normal!
Said on the news tonight over here that PC Milton was going to appeal the decision.
Case of quit while ahead I would have thought.
If the force don't give him enough driver refresher training then where else is he going to keep up his skills.