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Policemen and
lawyers call excuses 'mitigating circumstances'. Just how mitigating the circumstances
are depends on (a) whether your explanation is believed and (b) whether it strikes
a sympathetic chord in the listener.
Prince Philip
succeeded on both counts when he was pulled up for speeding on the eve of his
wedding. He told the officer: 'I am Prince Philip and I'm on my way to see the
Archbishop of Canterbury. I'm a bit late and I didn't want to keep His Grace waiting.'
You could try this one yourself, but I can't promise that the patrol-car driver
will stand to attention, salute you, and wish you every happiness for the future.
The police, like
magistrates and judges, have to be satisfied with your explanation and they are
hard men and
women to please. A policeman in Somerset apprehended a Polish miner in a local
shop in the middle of the night. The officer subsequently gave this evidence against
the Pole at Somerset Assizes:
'I cautioned him
and asked him if he had any explanation for his presence in the shop at that time
of night. He made a long reply in a language which I subsequently ascertained
to be Polish. I told him that I was not satisfied with his explanation and arrested
him.'
The moral of this
story is: if you've got a good excuse, make it in English and not Polish.
Some excuses don't
even work in English, of course. Like the youth arrested for riding his motorcycle
on the pavement. Asked what he was doing on the footpath, he replied: 'I can't
ride on the road yet because I don't have a licence and haven't passed my test.'
Ignorance of the
law is no excuse. In fact it has an aggravating effect on policemen and magistrates.
Nor is 'But everyone does it' which was the mitigating circumstances pleaded by
Charlie Chaplin when he was
accused of a sex offence back in the prim and proper 'thirties. (Everyone did
it then, everyone does it today, but no one talked about it then, except in court.)
I'd like to believe
the next story, which Roy Hudd swears is true; but I don't. Still, it's well worth
telling. Essex police pull up a driver after clocking him doing 95 mph down the
motorway.
'Where's the fire?'
asks the officer, laconically.
'There's no fire,'
says the driver. 'I'm a scriptwriter and I've got to get to Clacton before the
matinee to rewrite some comedy material for Roy Hudd.'
'In which case,
be on your way,' says the policeman. 'I've seen the show and he needs all the
help he can get.'
Diarrhoea - suffered
by the driver or the passenger-is occasionally accepted by the police as justification
for speeding, presumably on the grounds that a nasty accident could occur if the
driver didn't reach a loo in time. Medical emergencies are also given sympathetic
consideration in motoring offences - but if it gets to court, you may be asked
to produce evidence, such as a letter from the hospital or from your doctor.
I never cease
to be amazed by the inventiveness of solicitors or barristers when they come to
make their give-my-client-a-break speeches to the court. A solicitor defending
a burglar at Kettering, Northamptonshire, told the bench:
'As you can see,
he is going extremely thin on top. He thought people were going to laugh at him.
'This had the
effect of making him feel unsettled and he went out and committed these offences.'
The burglar, who
admitted three charges and asked for five further offences to be taken into consideration,
was given a suspended sentence.
A
chap called Wainwright, on the other hand, who murdered his sister-in-law, failed
to win the sympathy of the court. When asked why he had done it, he replied: 'Because
she had thick ankles.' He was sentenced to death.
The credibility
of motorists - and defending lawyers - is frequently stretched to breaking point
in drink-driving cases. A 66-year-old major from Whittington, Staffordshire, claimed
it was the brandy pudding that pushed him over the top. 'You can hardly cross-examine
your hostess about the contents of a dish you are about to eat,' said his defending
counsel. The major was fined £45.
TV personality
Hughie Green said he was on 'an errand of mercy for a viewer who suffered from
asthma' when he was arrested for being unfit to drive through drink. He told Guildford
Crown Court:
'As a young man
I suffered from asthma but I was cured by a doctor. He later died, but passed
on his cure to the doctor who took over the practice. That doctor also eventually
died.'
Green explained
that an asthma sufferer who watched Opportunity Knocks asked for help, so he drove
to see the widow of the second doctor, intending to borrow a medical book. But
it could not be found and, during the evening, he had two gins and tonics.
After being stopped
by police, Green then failed to blow into a breathalyser. He told the court that
this was because he had lost the use of part of a lung.
His complex story
was enough to bring tears to the eyes of everyone except the jury and the Recorder.
He was fined £250 and banned for three years.
Motorists in danger
of losing their licences produce the most fanciful excuses of all, to the constant
amusement of the beaks on the bench. But a recent article
in The Magistrate, the trade paper of the bench, helpfully listed seven 'special
reasons' in drink-driving cases which allow magistrates to exercise their discretionary
powers not to impose a ban.
- Driving to (but
not from) an emergency - i.e., accident to child, fire in shop, there being no
other way to contact the emergency services.
- Unwitting victims
of drink-lacing, the victim believing that he is drinking a non-alcoholic drink,
or very slightly alcoholic drink.
- Unwitting and
ignorant victim of effect of combination of drugs and small quantity of alcohol.
- Unwitting exposure
to alcoholic fumes in an industrial process.
- Unwitting victim
of electric shock.
- Unwitting sufferer
from disease.
- Parked vehicle
moved a few yards by wedding guest in response to police request.
Take your pick.
For utter finality,
you can't beat the excuse, 'I'm dead." Even the police don't pursue you beyond
the grave; unless you're Lord Lucan, that is. A friend -just a friend, you understand
- smashed his car up and ended up in hospital for a week with minor head injuries.
While there, he was visited by the police who cautioned him, then charged him
with dangerous driving, of which he was undoubtedly guilty.
When the summons
arrived at his home two or three weeks later, my friend didn't open it but wrote
instead on the buff official envelope: 'Addressee deceased as a result of head
injuries sustained in motor accident one month ago. Return to sender.' He then
handed the recorded-delivery letter back to the postman. He never heard another
word.
In the search
for mitigating circumstances, no depth of hypocrisy is too low to stoop to. You
can't go far
wrong if you remember the words of Abraham Lincoln who once said of a political
rival: 'He reminds me of the man who murdered both his parents and then pleaded
for mercy on the grounds that he was an orphan.'
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