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Pensioner quashes conviction to keep 75-year licence
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| Anthony Frenkel has had an unblemished driving licence for 75 years |
A BATTLING pensioner has won his fight against a careless driving conviction which tarnished his 75 years of trouble-free motoring - and threatened to keep him off the road for good.
After his conviction last September Anthony Frenkel, 92, had been banned from driving until he passed a new driving test.
But the sprightly nonagenarian refused to accept the court's verdict. First, he persuaded a judge to give him his licence back pending an appeal - and now he is celebrating after getting the conviction quashed.
His appeal was scheduled to be heard at Gloucester crown court sitting in Cirencester but the main prosecution witness failed to turn up.
Prosecutor Lisa Hennessey threw in the towel and the court formally acquitted him of driving without due care and attention.
The pensioner, who walks aided by a stick, had previously held a clean driving licence for three quarters of a century, the court had
heard.
Mrs Hennessy told the bench that the prosecution witness had been "totally out of contact all morning" and she was not able to proceed.
She said that bearing in mind the disqualification sentence Mr Frenkel received was on the basis that he passed a competency test - which he had since done - the Crown would abandon the appeal.
The judge, Recorder Malcolm Gibney, expained to Mr Frenkel that a witness had not appeared at court and the prosecution's case was not continuing.
"You are no longer convicted of driving without due care and attention," he said.
The Recorder also upheld an application by Mr Frenkel's barrister, Gerry Bermingham, for his costs to be paid.
Last October, Gloucester magsitrates heard how Frenkel, of Rectory Cottage, Harn Hill, nr Cirencester, Glos, had pulled out of a side road into the path of another car which clipped the front of his vehicle.
Mr Frenkel was convicted and fined £200, ordered to pay £200 costs and disqualified until he took a new driving test.
| "I've held a clean licence for 75 years. I've never been involved in an accident" | | Anthony Frenkel |
|
His solicitor later persuaded district judge Joti Bopari to let Mr Frenkel continue driving pending the appeal (today).
His solicitor Mr Davis said his client was suffering great hardship while unable to drive and it was costing him £50-60 a week to employ drivers.
Mr Davis submitted reports from Mr Frenkel's doctor and optician certifying he was medically fit to drive.
'He has been driving for 75 years without major accident,' the solicitor said.
'He has always had a clean licence with no points imposed on it. He has a full no claims insurance rebate from his insurers.
'In 1995 he passed a voluntary test by Gloucestershire county council and got a commendation.
'There is positive evidence that he is fit to drive a car, even at the age of 92.
'This offence was in September 2006 and he has driven for a year since then on a regular basis without incident.
'He lives at Harn Hill, 6 miles from Cirencester, in a rural hamlet of 6-7 dwellings.
'His wife Margaret, who is also 92, has advanced Alzheimer's and recently fell and broke her wrist.
'He needs a licence to travel into Cirencester to shop at Waitrose, to collect his wife's prescriptions and also for her to go to in and have her dressings changed 3 times a week by her GP.
"He also visits his daughter and close family in Edgeworth, Stroud and that sort of radius."
After the victorious appeal hearing, Mr Frenkel said he welcomed the result.
"It's very satisfying because I've been through 18 months of great worry and anxiety. I knew that I hadn't committed any offence whatsoever."
The pensioner said he would "certainly" continue to drive.
"I've held a clean licence for 75 years. I've never been involved in an accident," he said.
11:03am Wednesday 5th March 2008
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CommentPosted by: Gerry, Ampney St Peter on 6:18am Thu 6 Mar 08
Another menace still allowed to strke fear into other road users.
Another menace still allowed to strke fear into other road users.
Posted by: stewart kennedy, bibury on 11:38am Thu 6 Mar 08
[bold]bold[/bold] Old git should be off the road anyway my driving licenec end when im 70 so why should a old fart like him who is a danger to the road get to keep his
Old git should be off the road anyway my driving licenec end when im 70 so why should a old fart like him who is a danger to the road get to keep his
Posted by: MJ, Cirencester on 3:17pm Thu 6 Mar 08
Get off the road you old git! your a danger to yourself and everyone else on the highway.
Get off the road you old git! your a danger to yourself and everyone else on the highway.
Posted by: Margaret Tiley, Bristol on 4:44pm Fri 14 Mar 08
Well done, Mr Frenkel, I do hope that there are not too many like Mr Kennedy's comments. I read it and thought how rude and ignorant. At 70 he too can retake his driving test should he wish to, maybe he is afraid that he will not pass his at that time. If he had read the full report he would have noticed that Mr Frenkel drove during the war - our war veterans deserve more respect
Well done, Mr Frenkel, I do hope that there are not too many like Mr Kennedy's comments. I read it and thought how rude and ignorant. At 70 he too can retake his driving test should he wish to, maybe he is afraid that he will not pass his at that time. If he had read the full report he would have noticed that Mr Frenkel drove during the war - our war veterans deserve more respect
Posted by: titus, south of the border on 2:46pm Fri 21 Mar 08
Good on Mr Frenkel.
Why shouldn't he fight for a second chance? I'd say he's much less of a menace than some of the younger drivers I see on the roads who think they're God's gift to driving right up until the point when they lose control.
Good on Mr Frenkel.
Why shouldn't he fight for a second chance? I'd say he's much less of a menace than some of the younger drivers I see on the roads who think they're God's gift to driving right up until the point when they lose control.
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