Speeding driver's wife 'was suffering fit'

Full-time carer Sydney Duffy was clocked driving 35mph in a 30mph zone near Penrith, Cumbria, when his wife Rovina had an attack.

He claims his foot must have slipped on the accelerator as he turned to his wife in concern.

Mr Duffy, 63, of Culgaith, Penrith, received a fixed penalty notice of £60, with a potential three points on his licence.

Cumbria Police said magistrates would listen to mitigating circumstances if he wished to appeal.

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Mr Duffy said his wife, also aged 63, was holding her head in her hands in "excruciating pain" at the moment the mobile speed camera captured the incident in February 2008.

He told the Cumbria News & Star: "My priority was to get parked and get Rovina in a position where she couldn't harm herself. I wouldn't hesitate to do it again.

"I was frightened Rovina would swallow her tongue or bang her head on one of the doors or windows."

Referring to the speed camera photograph, he added: "I know when it's coming because she gets an excruciating pain in the back of her head and holds it.

"All of this has been explained to the police but they don't seem to care."

A letter sent from the central ticket office at Cumbria Police stated: "Whilst I sympathise with the circumstances surrounding your wife's health, and in particular on this journey, your speed was within the parameters where a fixed penalty will be processed and therefore the penalty will stand.

"Our file has already been submitted to the prosecutions department and you will be sent the relevant paperwork in due course.

"At the court hearing you will be given the opportunity to put all your mitigation to the magistrates for their consideration."

A Cumbria Police spokesperson said; "We cannot discuss specific alleged speeding offences while they are sub judice, as it may prejudice future court hearings.

"Anyone caught speeding within the nationally agreed limits has the option of either accepting the conditional offer of a fixed penalty, or taking the matter to court where any mitigating circumstances may be considered by the magistrates."