A MOTORIST whose vehicle was caught on camera breaking the speed limit on the A66 at Stainmore falsely told the police that his wife was at the wheel of the car.
As Judge Michael Fanning passed sentence on Eden man Cosmin-ionut Stanila at Carlisle Crown Court, he compared the offence to the 2013 case of a former Liberal Democrat MP and his ex-wife.
They were both jailed for the deception. Stanila, 32, admitted perverting the course of justice .
The court heard that he committed the offence to avoid points being put on to his licence after a speed camera clocked his BMW travelling through roadworks at eight miles per hour over the 40mph speed limit.
It happened in the early hours of October 12, 2022, on the A66 near to the Stainmore Cafe. The photo was not good enough to identify the driver, so police wrote to Stanila, the registered keeper, asking for the driver’s identity.
A week later, the defendant replied to the so-called 172 notice stating that his wife was the driver of the speeding BMW. She was later convicted of a relevant offence and given six points on her licence.
But in a statement made later, after she and Stanila became estranged, she confirmed that she had not in fact been the driver.
She accepted that she was initially willing to support the plan for her to take the blame.
“Mr Stanila told her the implications would be far less for her than for him as he had previously been disqualified,” said Gerard Rogerson, prosecuting.
Referring to the defendant’s former wife's court appearance, Mr Rogerson said Stanila offered to go with her to “tell them the truth,” confirming he was the driver.
He also offered to pay any financial penalty she faced, though he subsequently failed to do that. Mr Rogerson added: “He made full and frank admissions when he was interviewed on June 13, 2023.
“He confirmed that he had asked his [then] partner to claim responsibility because he had already had a ban and he admitted being the driver of the car when it was speeding near Stainmore Café.”
The defendant had no previous convictions.
Judge Michael Fanning said the case was similar to that of Chris Huhne and his ex-wife Vicky Pryce, who were each given eight-month jail terms for falsifying a form so that she took points on her licence for a speeding offence.
Referring to the judge in that case, Judge Fanning said: “He made the observation that these sorts of offences go to the heart of the way in which traffic offences in this country are policed as they rely on people who receive official notices relating to their use or misuse of motor vehicles to be honest.”
Stanila’s speeding offence was not particularly serious. “You would have got three points and an £80 fixed penalty,” pointed out the judge.
At the time of the Huhne case, that judge had said that anybody convicted of perverting the course of justice should go to prison.
“But since 2013,” continued the judge, “the picture has changed.
“There is a realisation that our prisons are too full of non-violent and non-sexual offenders.” Less serious offenders were now being released to make room in prisons for those who are more dangerous offenders.
Judge Fanning noted that even a short jail term for Stanila, of The Drive, Newton Rigg, near Penrith, would cost him his job and cause financial difficulty for his former wife.
Though the defendant’s current partner had nothing to do with the offence, his ex-wife had been willing to help him commit the offence. She would now have to take steps to have her speeding conviction set aside.
Judge Fanning gave Stanila an eight-month jail term, suspended for a year. The sentence includes 150 hours of unpaid work and a £120 fine. The judge did not impose a driving ban.
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