If you drive with a mobile phone in the car beware!!!!!

[Moley1]

Hi all

Thought I would share an experience I had yesterday. I was stopped by the police for using my mobile phone while I was driving. The policeman said that both he and his colleague saw me holding a silver object (silver, what a good guess eh!) to my ear whilst going through the previous village. Strange thing is my phone hadn't left my side, been touched or used since I left home. I gave the PC the opportunity to look at my call log, which he refused. After taking the mobile number he read me my rights and said I would have to produce proof in court from O2 that I wasn't using it. After taking advice later from another policeman he said that once the charging officer checks the call record from O2 he probably will not take it any further. I often drive with my arm on the window rest and hand on head.However much this may look like I was on the phone I do not have a silver hand!!!! At the end of the day if it still goes to court the jury will have to decide between what two officers saw & my O2 itemised bill. So the moral of this story is if you carry a mobile in the car make sure it is pink. Keep it switched off. Remove the battery, and keep it locked in the boot, and don't rest your arm on the window ledge. You have been warned!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[cooky1]

Thanks Moley, I sometimes drive with my elbow on the side window ledge and my hand on the side of my head. I also always keep my mobile near the gear stick, but never use it when driving. I'll have to stop doing that now - just in case.

Graeme.

 

[rayc]

Moley, when they stopped as woman for doing this and subsequentely found it was in fact an apple they charged her for not being in control of the vehicle rather than loose face. Welcome to Tony Blair's Britain where you are presumed guilty and have to prove your innocence.

Did he offer you a Fixed Penalty Notice and did you refuse it on the grounds that you hadn't committted the offence? When it gets to court make the Policeman swear on oath that he saw you using the phone. Question where he was in relation to yourself etc.

 

[Icemaker]

I had a very similar experiance in manchester when i was allso stopped for apparently being on the phone, it was three in the morning i was on my way to work and the traffic car came from no where.

Again two officers who had "seen" me on the phone and both of whom would not listen to reason untill i asked one of them to ring my number so i could show them how i could not have been on the phone. At first they said they could not do this but once i pointed out that i was not concerned and it would be quite funny to see in court one of them did ring the number which brought to thier attention the fact that my car was fitted with hands free kit, not just any kit but one that uses the cars speakers and a seperate microphone to operate, the handset can not be used once the bluetooth device locks on to my car.

Quite what the officers had seen i don't know as it was dark and my car has tinted glass but after accepting i was not on the phone they still gave me a producer and gave the car a once over and made me twenty minuites late for work.

 

[Val & Frank]

Welcome to Tony Blair's Britain.

It's not Tony Blairs Britain, It's ours. He is governing by consnt of the people. The same as the Police only Police by consent of the People.

Now rather than write to the forum wirte to your MP, your local councillor (the one on the police committe ) and complain. Send the number of the officer who lied to you to the Chief Constable. Because if you don't you are agreeing to this method of control in Tony Blairs Britain of today.

Val & Frank

 

[WatsonJohnG]

It seems to me that many people appear to be on the phone when driving.

Could it be a conditioned reflex to hold a hand near to the ear as this is where it is normally these days !!!

 

[Angus1]

If a member of the Gestapo wants to `do` you to hit his target they will do, and evidence doesn`t enter into the equation.

Just a bit off topic, but in 1976 I was stopped for speeding whilst on my motorbike. Yes, I was exceeding the speed limit, I was doing about 42mph in a 30 zone, lovely day just trundling into town. I was guilty, hold my hands up, take a slap. Johnny Buckethead asks if his `STOP` sign was working when he came past me (i`d slowed down by then) which it wasn`t, and then said that I was going too fast so he`d have to book me but that I was `safe as houses` and there was no one else around so that was that. Fair enough. I got a `Notice of Intended Prosecution` which had the offence of speeding circled.

I then heard nothing for about six weeks then got a summons for speeding AND dangerous driving, in which it was alleged that I had been doing in excess of 65mph. My solicitor contacted Vauxhall who confirmed that a standard car (which this was) could only achieve 52mph from the standing start position of the police car to the point at which I was stopped. Also, giving evidence J.Buckethead alleged that I had been weaving around parked cars whilst kids were playing ball on the footpath etc. What capped it off was the police producing their carbon copy of my `Notice of intended Prosecution`, which had TWO cicles on it (speeding and dangerous driving). My solicitor then produced the original with ONE circle on it which resulted in some red faces. The magistrates threw the charge out, the evidence obviously discredited, right?

You must be kidding! Speeding, first offence doing 65mph (what?)

 

[colin-yorkshire]

hi all

yes it's a offence to use a mobile phone while driving it's also a offence not to have one at all "rubbish" well I thought that untill I was stopped on my way home from work,

mr policeman stopped me 500 yards from the works entrance and said I had been reported for using a mobile phone comming out of the car park on previous days nearly knocking over a pedestrian.

and I was going to be booked on eye witness evidence when I told him that I did not own a mobile phone and so could not have been seen using one he just laughed thats my problem not his and issued a ticket anyway, it was only after several letters to the police that the charges were finally dropped.

so technically I could have been find for using a mobil phone I havn't got, good eh

 

[Moley1]

Hi all.

Thanks for your comments. Just needed to vent my frustrations.

To add insult to injury, my mobile is a new one. I spent about an hour the previous day to find my old bluetooth headset was not compatible with it. Had it been compatible I would have been wearing it. Probably still with my silver hand attached to my head.

Cheers

Dave

 

[Ewan_5130997]

Evening all

As a serving traffic cop (or bucket head - havent heard that one before), I would just like the chance to comment.

As usual, the actions of a few tend to tar us all with the same brush.

For my part, should my collegue and I believe we saw a driver using his mobile while driving, he would be stopped and the reason for the stop explained to him. If he denied the offence, the first thing I would do is ask to look at his call log. Unless he is super quick, any calls incoming or dialled will be logged and undeniable. If no call shown, I would have to assume I was mistaken and allow the driver to continue his journey.

My job has enough hassle without making up offences which could lead to embarrasment later, or worse an official complaint.

Personally speaking, the cops who behave in this manner are worse than the alleged offenders.

Right off to work..........where did I put that ticket book?

 

[colin(bridgend)]

A friend on one occassion had been out to a very important function and was driving a Humber Super Snipe. He offered five friends a lift as the car was a six seater. Returning home five passengers were slightly worse for drink whereas my friend had not touched a drop all night as he could not afford to loose his licence. He was stopped for a routine check late at night and as the officer could smell alcohol in the car cautioned my friend. He then asked him to pull in behind the police car to take a breath test. He walked the 50 yds. or so along side the car down to the police car. The result proved 100% clear. My friend then requested the officer's name, number and station which they have to give if asked. He later told the officer that as he had cautioned him and then asked him to pull in behind the police car that he would have been an accessory to drink driving as he asked him to drive after being cautioned. Motorist 1 Police 0.

 

[yvonne6]

There is no escaping it the use of mobiles whilst driving are illegal and in my humble opinion unnecessary - what did we do before we had them? anyway that aside some Officers of the Law are perhaps more zealous in pursuing people who do use them or appear to be using them and rather than acknowledging that a mistake has happened they keep going perhaps not to lose face which again i think is wrong. I liase with Strathclyde Police on a daily basis through my job and we had a Training Day a few months back and a Traffic Sergeant came to give a talk on the consequences of drunk driving and using phones - sadly the pictures would be too graphic to show members of the public. The sentence 'several body parts strewen across the road' was enough for me.

 

[Geordie]

I was surprised recently,after reading an article in our local paper, (the usual court cases etc etc,)that it is breaking the law to pull over and answer a phone. Apparently if the keys are in the ignition,it is deemed as being along the same lines as drink driving,keys in ignition-intent to drive. ! Be Warned.

 

[rayc]

Geordie, that may be somebody's interpretation of the law but it is not the law. You can only be prosecuted for using the phone whilst "driving", this includes stationary but with the engine running. If the car is parked, with the engine switched off you have not broken the law even if the ignition key is in the lock. If you can quote an actual case where a motorist has beeen prosecuted in the circumstances you describe then there are alot of people who would like to know about it.

The defination odf driving from all the Police and Department of Transport sites I have checked is:-

"defines a person as "driving" even if the vehicle is stationary but the engine is running".

 

[LizCornwall]

Hi Moley,

You say your mobile phone was beside you, if it had rung would you have answered it??? Liz

 

[Geordie]

ray(c) you maybe right on that one,I'll see if I can dig-up the article to make sure.

 

[Geordie]

ray (c) checked article, and it is as you say, "engine running".

 

[colin(bridgend)]

Ray what would be the case whist in a motor home and over the alcohol limit? As you have the keys of the vehicle either on you or with you could that be taken as an intent to drive? The same could be said for the use of a mobile phone in a motor home. I believe that if you are in the vehicle and in posession of the keys there is an intent to drive in the eyes of the law. There have been cases where men found sleeping in the back of a van whilst over the drink drive limit have been prosecuted for being in charge of the vehicle with the keys on them. A very grey area in law.

 

[rayc]

Geordie, there was a local case here in Dorset where a lady was parked up, handbrake on etc but the engine running. She had her baby daughter in car seat and she was talking to her husband. A Policewoman gave her a

 

[rayc]

Colin, you cannot be found guilty of driving whilst over the alcohol limit if you are parked as you describe. If it is on roads , premises that are open to the public etc you could be prosecuted for being drunk in charge of a vehicle.

With regards to mobile phone usage the law is clear in that you must be driving - which includes stationary with the engine running.

Do you know of any case where a motorhome owner has been prosecuted for being drunk in charge of a vehivle when it has been pitched on a caravan site?

Ray

 

[LizCornwall]

How about being drunk and moving motorhome on site??

 

[MikeP]

A site isn't the public highway, so surely that's OK?

Years ago a colleague was prosecuted for DD because he was asleep in his car and had the keys in his pocket. He should have given them to a friend ... or maybe eaten the ignition key so as not to be able to drive for about 24 hours. Nice.

 

[MikeP]

By the way, I didn't mean that it's OK to drive on a site at all when drunk. What I meant was I doubt you can be prosecuted for DD if driving on private land.

 

[Steve L]

I'm afraid all minor offence laws are the same. They are open to individual interpritation and if you have a "bucket head, wooden top etc" who wishes to play the twit then your stuffed.

As a youngster I used to be heavily into the world of "custom cars and vans" and as such was a sitting duck for the law. I used to get stopped almost weekly for having a red fog light under the rear of the van facing forward and up, to illuminate a fully chromed jag rear axle. Which as it shone under the vehicle and could not dazzle anyone was not illegal!!

A good mate of mine used to be a traffic pc in Redditch and the things he told me that went on were quite enlightening. Traffic cops running a tote stake on who booked the most each day!! for one. Then the best one was to come. We went to a party at Alcester just a few miles from the nick. Both of us got totally bladdered and were without doubt unfit to drive. However he insisted on driving and after about 20 attempts to get the key in the ignition , we set off. After only a couple of miles we got pulled. He flashed his warrant card to the traffic cop and said he was lost!! After stating where he wanted to go the traffic cop got his mate to drive us back to the Redditch nick where he had a room. Next day he was on duty and when I saw him that evening I said "well, what happened about last night". He said what about last night? On reminding him of the events, he said to forget it.

You know, he never even got a slapped wrist for it! But when I asked if that would of been the case had I been driving he said that he would not of bee able to do anything for me.

The above just about sum's up the law. If they want your neck on the block, it'll fit no matter what you say, as their word is final.

Sure there are some coppers who are great and very shall we say, understanding, but the 5% doesn't make up for the 95% of cone heads.

Steve L.

 

[rayc]

Liz, if you were to drive whilst drunk on site [no matter motorhome, solo, towing] that would be classed as a public place. It is unlikely that the Police would be observing you on site so they would only be called by a person concerned with your behaviour or if you had an accident and they could then breathalyse the driver even if the vehicle was no longer being driven. All cases are at the mercy of the courts but in todays climate I suspect the driver would be found to be guilty.

Steve L, I am not quite so cynical as you regarding the Police as yourself but share your reservations. I am sure that there are quotas and I am sure that the Police will exagerate to obtain convictions. I am salso certain that in the case of Speed Camera Partnerships the courts and Police have a cosy relationship where the courts do not question the evidence of the Police or Partnership very closely. I am not certain that your Policeman friend would get the same treatment today.