A van driver with 11 points on his driving licence, who threw his arms up in despair when caught breaking the speed limit, was prosecuted for failing to have proper control of a vehicle, in addition to the speeding offence.

Dean Kenworthy was clocked doing 57mph in a 50mph zone on the A614 near Shiptonthorpe, a village near Pocklington, by a mobile speed camera.

Taking a picture of the speeding painter and decorator, it showed him raising his arms in the air after spotting the camera.

As a result Humberside Police prosecuted him for the speeding offence and failing to have proper control of a vehicle. Kenworthy pleaded guilty to both charges, reports the Hull Daily Mail.

Prosecutor John Thirkettle told Hull Magistrates' Court: "There are two matters, which both occurred at the same time.

"This gentleman has fallen foul of a speed enforcement van that has recorded him travelling at 57mph.

"Mr Kenworthy has, for some reason, lifted both hands off the steering wheel as if portraying an expression of surprise."

Magistrates were shown a still image taken from the speed camera recording.

Monique Jarvis-Legg, defending, said her client had not realised the van, which he leased, was limited to 50mph in 60mph zones.

She said: "My client accepts responsibility. He was raising his hands in disbelief, because he thought he was doing the right thing in keeping within the national speed limit."

Courts are obliged to consider disqualifying drivers who have 12 penalty points on their licence.

However, Jarvis-Legg said her client would "essentially be bankrupt" if magistrates were to exercise their powers and disqualify him.

"Mr Kenworthy cannot do his job using public transport," she said.

"He does not have any formal qualifications. He has no other skills. He could not move happily into another job."

The court heard Kenworthy, of Castleford, West Yorkshire, was given three penalty points for driving while using a mobile phone in March 2011.

In June 2012, he was handed three points for speeding and last October he was given five points, again for speeding.

Jarvis-Legg said: "One more offence and he would be disqualified. He is aware of that.

"He assures me he will look up relevant speed limits on www.gov.uk – as I have done – and print out a list that he can readily refer to.

"My client is of good character and he does not trouble the courts."
Graham Barnett, chairman of the bench, said he accepted Jarvis-Legg's claim that disqualification would cause Kenworthy exceptional hardship.

Addressing Kenworthy, Barnett said: "In this case, there will be three penalty points added to his licence. There will be no disqualification.

"You are now on a knife's edge. If you come to the attention of a court again in the short future you will be disqualified."

Kenworthy was also fined £250, made to pay costs of £85 and a £25 victim surcharge.

No separate penalty was given for failing to have proper control of a vehicle.
 

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