Van driver caught pleasuring himself while watching porn on M25 gets off with just a fine
Lee Baldwin was tracked down after an 11 month investigation after video emerged of him openly pleasuring himself to porn on the motorway
A VAN driver caught pleasuring himself while driving around the M25 watching porn on his mobile has walked free from court - after authorities failed to charge him with any motoring offences.
Lee Baldwin was spotted by the passenger of another vehicle holding his manhood in one hand while viewing the X-rated material on behind the wheel with his other hand.
The 42-year-old was nabbed by cops after the footage went viral and hauled into court following an 11-month police investigation.
Disgraced Baldwin admitted outraging public decency by behaving in an indecent manner, namely masturbating while driving.
But he didn’t face any driving charge meaning he didn't get any points on his licence or a road ban.
Experts have argued he could have faced more serious charges such as careless driving, driving without due care and attention or even dangerous driving.
Dangerous driving carries a maximum sentence of two years in prison, disqualification and an unlimited fine.
If he had been done for using his phone behind the wheel he would have got a £100 fine and also three points.
But cases that go to court can lead to disqualification and a fine of up to £1,000.
Goods vehicle or bus drivers can get a fine of up to £2,500.
However, due to legal time limits he couldn’t be charged with that crime when he was finally tracked down by officers.
A road traffic law expert and road safety charity Brake slammed Baldwin and the punishment.
Colin Rawson, an expert in road traffic law from the national legal firm Stephensons said: “This would appear to be an exceptional sentence from the court, bearing in mind that the driver would seem to be operating the vehicle ‘without due care and attention’ and also driving whilst using a mobile phone.
“In some instances, this can be viewed as ‘dangerous driving’.
“Even if these charges were not brought before the court by the prosecution, the magistrates do have discretion to impose a driving ban for any criminal offence, including outraging public decency.”
A Brake spokesman said: “Driving is an incredibly hard task and any unnecessary distraction whilst driving, is cause for concern.
“Driver distraction is thought to be one of the biggest contributory factors in devastating serious crashes on our roads.
“That’s why all drivers need to have their hands on the wheel and keep their minds completely focused on the road at all times and not attempt to multi-task – any distraction could be fatal.”
Baldwin was sacked from tile firm WB Simpson and Sons who he worked for at the time.
The Sun tracked single Baldwin down to his semi-detatched house in Oxted, Surrey. He was seen getting out of the driver’s seat of a red Audi wearing a Royal Mail uniform.
He was caught performing a solo sex act on the stretch of the motorway near Kings Langley, Herts on December 11 last year.
He appeared at St Albans magistrates court last month and was fined £433. JPs also ordered him to pay £85 prosecution costs and a £43 victim surcharge.
Baldwin refused to comment about the offence but said he was on anti-depressants.
A Hertfordshire Constabulary spokesman said: “Baldwin was charged with the most serious offence possible in this case.
“Also, the possible relevant driving offences, such as using a mobile phone while driving, are six month summary only offences.
“This means that the charge must be submitted to a magistrate within six months of the offence being committed.
“Due to the nature of this investigation – the offence, which occurred in December 2015 was not reported until January, there was extensive work to identify and locate the offender and extensive work to locate the original owner of the video of the offence – this time had passed when the case was brought to court.”
Paul Valler, director of WB Simpson and Sons Ltd said: “He was an agency driver and we were as disgusted by his actions and danger to others as everyone else.
“He was dismissed immediately at our insistence to the agency, and we assisted the police in every way.”
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It comes after a number of high profile cases involving drivers using phones behind the wheel.
Last month Theresa May called for tougher penalties for drivers who cause a death while using a phone at the wheel.
The PM said it should be as "socially unacceptable" as drink driving.
In October, Polish trucker Tomasz Kroker was jailed for 10 years for killing a mum and three kids.
He caused a 50mph pile-up because he was holding his phone and changing music behind the wheel.
Tragic Tracy Houghton, 45, was driving her Vauxhall Corsa with her sons Josh, 11 and Ethan, 13 and her partner Mark Goldsmith’s girl Aimee, also 11.
All four died on the A34 near Newbury, Berks on August 10.
Three weeks ago, The Sun revealed photos of ex-Man Utd and England defender Gary Neville for using his phone while driving his £100,000 BMW.