Man gets done for speeding and not being in control at same time

Busted: The driver of the van was charged not only with speeding, but for not being in control of his vehicle.

White van man caught speeding threw his hands in the air in disbelief - and was then punished for not being in control of the car

A van driver who threw his hands in the air in disbelief after getting caught speeding was hauled before the courts for letting go of the wheel and not being in control of his car.

Dean Kenworthy, 50, already had 11 points on his driving licence and realised he faced disqualification when he was caught travelling at 7mph over the speed limit on the A614 near Shiptonthorpe, East Yorkshire.

However, the painter and decorator was prosecuted for 'failing to have proper control of a vehicle', in addition to the speeding offence, after he raised his arms upon realising he had been clocked by the speed camera.

Prosecutor John Thirkettle told Hull Magistrates' Court: 'There are two matters, which both occurred at the same time.

'This gentleman has fallen foul of a speed enforcement van that has recorded him travelling at 57mph.

'Kenworthy has, for some reason, lifted both hands off the steering wheel as if portraying an expression of surprise.'

Magistrates were shown a still image taken from the speed camera, which is operated by Safer Roads Humber,

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Monique Jarvis-Legg, defending, said her client had not realised the van, which he leased, was limited to 50mph in 60mph zones.

She said: 'My client accepts responsibility. He was raising his hands in disbelief, because he thought he was doing the right thing in keeping within the national speed limit.'

Courts are obliged to consider disqualifying drivers who have 12 penalty points on their licence.

However, Miss Jarvis-Legg said her client would 'essentially be bankrupt' if magistrates were to exercise their powers and disqualify him.

'Mr Kenworthy cannot do his job using public transport,' she said.

'He does not have any formal qualifications. He has no other skills. He could not move happily into another job.'

Magistrates also heard about Kenworthy's previous motoring offences, including being handed three penalty points for driving while using a mobile phone in March 2011.

In June 2012, he was handed another three points for speeding and last October he was given five points for speeding.

Miss Jarvis-Legg said: 'One more offence and he would be disqualified. He is aware of that.

'He assures me he will look up relevant speed limits and print out a list that he can readily refer to.

'My client is of good character and he does not trouble the courts.'

Graham Barnett, chairman of the bench, said he accepted Miss Jarvis-Legg's claim that disqualification would cause Kenworthy exceptional hardship.

Addressing the defendant, Mr Barnett said: 'In this case, there will be three penalty points added to his licence. There will be no disqualification.

'You are now on a knife's edge. If you come to the attention of a court again in the short future you will be disqualified.'

Kenworthy, of Castleford, West Yorkshire, pleaded guilty to both offences and was fined £250, ordered to pay £85 in costs and a £25 victim surcharge.

No separate penalty was given for the 'failing to have proper control of a vehicle' charge.

A Safer Roads Humber spokesman said: 'The officers in the safety camera vehicles are able to enforce a range of traffic offences, including exceeding the speed limit.

'Offences like using a hand-held mobile phone, not wearing a seatbelt or not being in proper control of a vehicle are just some of the offences detected and will be prosecuted accordingly.

'Safer Roads Humber urgers motorist to drive safely at all times.'