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

[LizCornwall]

Hi Ray(c) I expect if I were drunk on site moving my tourer/motorhome, and if police were called out they would forget all about me using my mobile phone as well!!! Liz

 

[ProfAlGoogle]

In that situation Steve, drunk or otherwise, as a law abiding citizen you had a duty to remove the keys from him, policeman or not, it was totally irresponsible to allow some one to drive in that condition. Would he have got off so lightly had he killed an innocent family? I think not, and you are as guilty as he is for condoning such a deplorable act by of all people a serving police officer. You should have done us all a favour and reported him.

Allan & Gill.

 

[cokey1970]

I reckon that this thread should be renamed "Let's have a go at the police again".

It seems to crop up from time to time with certain posters on the forum.

 

[RiaandJames_374303418]

If some police officers did there job well and were fair there would be no need to question their actions.

James and I ride bikes and have used bike to bike radios for many years and can't understand all the fuss about mobile phones providing they are hands free.

If you want a fair take on the police try riding a motorbike and watch their attitude change when taking your helmet off and they find older "respectable" members of society.

Ria

 

[Ewan_5130997]

Most police officers do do their jobs well and fairly, quite often in stressful situations.

As for their attitude to bikers, in my department, almost half the officers are bikers in their own time. The other half are caravanners.

 

[ProfAlGoogle]

Agree with you Ewan, most of the time it is down to peoples attitude, I think I am correct in saying that in a lot of instances if they closed there mouths and opened there ears and listened, they would get of with no more than a ticking off.

Allan & Gill.

 

[Moley1]

Ewan, Allan & Gill

I realise that it is peoples attitude. I have tried on three occasions to get into the police force, so have never been against them. My attitude was very calm, and I said he was just doing his job. It has since been published in our local paper the points scale they have to achieve. My case would have earnt them 5 points. This is where a ticking off, as should have been the case may result in a trip to court. What a waste of money that could be.

Dave

 

[Rich]

A case like this can be a problem as the billing will not show incoming calls so they can use the easiest option by suggesting it was incoming. You need to force the issue of them looking at the phone log and get it in writing and signed by the officer that they refused to check the phone log when offered. This has to be done at the time off the "offence" as you can delete phone logs and lose evidence. The only other option is to suggest to the officer that you will take the phone to a solicitor and get the log witnessed. If this is going to be the option the officer forces you into please write in the statement that all legal costs will be the responsability of the arresting officer and the station he is attached to.

This is usually enough to get the charge dropped at the time. But you do have to make a written statement for the officer to sign pointing out your options and what you have offered to do for evidence. They also have to offer you a ticket for the offence and if they refuse to sign you can refuse to take the ticket.

 

[Moley1]

Hi Rich

Thanks for your comments. Following the incident I spoke with someone from headquarters to see where I stand. He advised me that the officer doesn't have to issue me with a ticket as I denied the offence, from which he then read me my rights. He did say that my O2 statement should prove events, and I have not deleted my call log. He also advised me that if the PC does his job correctly he will check with O2 and see there was no traffic, and subsequently drop the charges.

Cheers

Dave

 

[Rich]

I am unsure whether the police can actually check with O2 on phone traffic unless they have permission from the home office as it falls under the data protection act. If you are stopped by the police and know you are innocent you need to cover your back and even upset the officer off if needed. You need to put a name and number to officer and make it personal. You need to make sure they know you will stand your ground and if they are wrong you will complain officially as well as make them pay for any evidence you have to get to clear your name. If you take it to court they you have to request the crown pay ALL court costs.

 

[cokey1970]

The police can and do liase with mobile phone companies to obtain traffic data from mobile phones.

The mobile phone companies make a substantial charge for this hence it is only carried out in serious and warranted cases i.e. a fatal road traffic collision.

The applications that have to be filled in are quite stringent and take into account intrusions into privacy.

 

[Ewan_5130997]

Moley

I can only speak from my own experience. I know the legal system in Scotland is different from the rest of the country and different police forces have different practices. Certainly in my force there is no points system. It is unnecessary...there is more than enough work out there to keep us very busy. yes, we all like to be seen to be working hard but there is no need for a points table to do that. Many people forget that a Traffic Department usually has sole responsibility for all serious and fatal road accidents, and having dealt with them on many occassions, traffic officers tend to be more aware of the concequencies of driving using mobile phones, without seatbelts, speeding etc and tend to be less lenient when dealing with those offences.

However, back to your post.....I fail to see why the officer would say it was up to you to prove. I still think we are innocent until guilty in this country. Again speaking personally, I cant see the point of giving a driver a ticket unless both my collegue and I are 100% sure the offence has been committed. It is not worth the grief otherwise. I also understand that if a ticket is contested and goes to court, it is up to the Procurator Fiscal (the prosecution) to arrange to obtain the phone records to prove the offence was committed.

Bottom line is, I think you may have come across one of the cops who has the wrong attitude and gives the police in general a bad name.