What is proof of using a phone while driving?
Discussion
I’m being reported for using a mobile phone while driving as something tagged onto a fictitious assault causing ABH. Is a photo of me taking a photo in my car stationary proof of driving while using a mobile phone. As far as I’m concerned a photo isn’t proof that the engine was running.
Anyone know of anything similar happening?
Anyone know of anything similar happening?
LivLL said:
Yes I’m aware of the law but what is the test to prove the offence?Pica-Pica said:
Whether the engine is running is irrelevant. The vehicle must be parked. I know someone who was stopped and using a phone, she had the keys in the ignition (this was 10 years ago), she was deemed to be ‘using a mobile phone whilst in control of a vehicle that was not parked’.
Anecdotes are irrelevant to my question and not applicable.normalbloke said:
Care to give us a bit of background?
Honked at a cyclist in the road riding erratically. Cyclist catches up at traffic lights and is abusive. Takes photo of my number plate and self in passenger seat. Claims I drove into him. The police are reporting me for driving whilst using a phone with his picture of me taking a picture of him as evidence.Aretnap said:
Presumably whoever took the photo can also give evidence about the circumstances - whether the engine was running, how long you were stopped for etc. What are they likely to say?
I wouldn’t say the account of the alleged victim carries any weight. He would happily blame me for the plague if he thought it would cause me issue.
Griffith4ever said:
I got stuck behind a belligerant "peleton" of around 7 or 8 riders today on the North circular so I feel for you. I did nothing, at all, kept a huge distance, but they kept looking back at me, blocking the whole road for a while.
I must not have got the memo when I cycled to work for 10 years because I rode with the assumption that even if I was 100% in the right with any traffic accident I was still a squishy human on a 12kg steel frame.A month on from the interview and the results so far are.
NFA on the alleged assault.
No word yet on the phone side. I'm hoping a single still image of me holding a black rectangle isn't regarded as evidence of the offence but we shall see. The original question asked wasn't answered so I'll ask it again.
What is the test in court to prove the offence of using a phone whilst driving?
NFA on the alleged assault.
No word yet on the phone side. I'm hoping a single still image of me holding a black rectangle isn't regarded as evidence of the offence but we shall see. The original question asked wasn't answered so I'll ask it again.
What is the test in court to prove the offence of using a phone whilst driving?
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