Friday, 7 March 2014

Motorist is given £500 fine and a ban for driving through a puddle and splashing family... but even mother who was soaked is shocked by penalty

A mother of two who was drenched with her children when a passing motorist drove through a puddle has criticised his punishment... as too harsh.
Samuel Lees, 22, was banned from the road and fined £500 after he hit the standing water at speed, soaking Debbie Pugh and her children David, eight, and Emma, 11, as they walked to school.
A following police car said Lees  created a ‘large wave’ that left a group of schoolchildren screaming after they and their parents were doused with freezing water on January 17.
As well as the fine, magistrates gave the shop worker six points, which means that as a new driver he will lose his licence. Anyone receiving six points within two years of passing their test has their licence revoked.

However, even Mrs Pugh, 48, said  she was stunned by the severity of  his sentence.
The company director, of Colchester, Essex, said: ‘I am very, very shocked by the punishment he has been given.
‘I don’t think that is fair at all. I think they must have wanted to make an example of him. But I think a slap on the wrist would have been sufficient.
‘Perhaps he could have gone on a driver awareness course, but what he has got from the court is really quite harsh. I would not wish that fine on anybody.’
PC Mark Hercules, the traffic policeman who was following Lees in Colchester, said: ‘The vehicle was driven through the puddle at a relatively fast speed making no attempt to slow down or avoid it.
‘As a consequence, a large wave of water absolutely soaked the children and their parents. We could hear the screams from the children as they got drenched in the cold, dirty rainwater.
‘The motorist drove off. Fortunately, I was able to witness the whole incident.
‘His actions caused distress to the young children.
‘In addition, I pointed out the hidden hazards that lie in large puddles and the fact he could have lost control of his vehicle and caused a danger to other road users.’
Lees, who has been driving for less than a year, will have to pass both his theory and driving test again to regain his licence.
Chelmsford magistrates also ordered him to pay £90 court costs and a £50 victim surcharge on top of his £500.
Last night, he said the loss of his licence meant he faced losing his job because he uses his red VW Polo to drive to work in Chelmsford, 25 miles from his home in Colchester.
He added: ‘I did not mean to splash the family.
‘I knew there was a police car behind me, so why would I do something like that on purpose when they were following?
‘I turned round a corner and then went through the puddle and was spotted straight away.
‘But if you ask anyone who knows me, I am not the kind of person to do something like  that on purpose. That’s not what I am like at all.
‘It was one lapse of concentration and nothing more than that.  People drive through puddles and people do get splashed – it’s unavoidable unfortunately. It really is an everyday occurrence, so, yes, I do feel hard done by.’

Although unusual, it is not unheard-of for drivers who splash pedestrians to fall foul of police.
In 2009, a 29-year-old Kerry Callard, from Plymouth, was questioned by Devon and Cornwall Police after she posted a video clip of herself online soaking pedestrians in a craze called ‘happy splashing’.
She was reportedly heard howling with laughter in the 30-second film as she drove through a puddle, soaking children waiting at a bus stop.
Four years earlier, a man from Yeovil in Somerset was fined £150 and given three points on his licence after accidentally driving through a puddle at 10mph, soaking the trousers of a workman at the side of the road.