Originally Posted by nicholsong
First you say:
"I think you are over thinking and complicating"
Then you say:
"The UK and Ireland have been negotiating and trying to sort out cross border recognition and reciprocity of endorsements, penalty points and disqualifications for 20+ years and even with similar systems based on a common source, common law principles and a, mainly, common language, they haven't managed it yet."
I understand that this is just a reporting system but if there is no agreement based on 'recognition and reciprocity' there is no meaning to what is reported, for any offence including drink driving.
For example are roadside fines, based on adjudication by a policeman, to be reported; are sentences imposed by a magistrate in another country to be reported if only a Crown Court in the UK could impose such sentence? I f they are reported should they be taken into consideration by a UK Court? If not what is the point in reporting them?
It seems to me that, because of the incompatibility of all the 28 legal systems operating in the EU, this could end up just being a field day for defence lawyers. OR completely ignored.
For example " Your Honour, are you aware that the offence of which my client was convicted in [State G] is not an criminal offence in the UK?"
"Mr. [Barrister] I am not required to take cognisance of Foreign Law"
"Thank you your Honour"
And that Geoff shows how you are over thinking and over complicating. Its nothing more than an info exchange. It has no significance other than that and to get to the next stage is, as you observe, and so do I, highly unlikely.
And yes it will mean on the spots will be shared but all over Europe on the spots are appealable, you have a choice of going to court (although in some you have to pay up first and then challenge whereas in common law countries you choose to pay or to challenge
And the greater significance is in the state where the "foreign" motorist commits his offence, it allows checks on licence validity, it allows name and address of vehicle owner to be accessed to send out a summons or equivalent, but again, after that there is no method of enforcement.
And it can help me as a barrister defending a foreign driver. I'm about to say he has an unblemished driving record of 20 years, or he has no previous or is of good character, but in fact he has lots of drive convictions. That is a fact not foreign law and something the court can, and in my practical experience does, have cognisance of in sentencing, and not just for motoring. So say its a drink drive and there is a second one within last 5 year, although the statutory 5 year ban does not apply the court will often impose a greater sentence than the current offence warrants on its own to reflect that this is not a first drink drive conviction