Three law lords have backed a truck driver prosecuted for obstructing the police because he warned other drivers of a speed trap. A Somerset court originally convicted the truck driver of wilful obstruction after police claimed that he had waved a warning to oncoming traffic.
Despite the case being overturned at the Taunton Crown Court, the director of public prosecutions (DPP) took the case to the High Court, which has now also backed the accused. Three law lords have also thrown their weight behind the ruling, refusing the DPP permission to appeal.
Previously two High Court judges held that because there was no evidence the driver’s "slow down" signal was seen by any motorists who were speeding at the time, he could not be held guilty of obstruction.
For there to be an obstruction of a police constable in the execution of his duty by the giving of a warning of the presence of a speed trap, is it necessary for the prosecution to prove that those warned were themselves exceeding the speed limit, or were likely to do so at the location of the speed trap.
A court representative said that the police should be grateful that someone was attempting to prevent others from breaking the speed limit.