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W124Bob
Original Poster
811 posts
44 months
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Anyone else think that the police should confiscate the phone on the spot,no return and a £200 quid fine. I wouldn't bother with points.As the driver you will then have to deal sorting out the phone contract and all that entails,I would envisage a system where the police immediately notify the provider so as to prevent the owner simply saying the phoneds been lost/stolen.Also business users have the task of explaining to the boss plus loss of all those important contacts.Train drivers face dismisal if court using a phone whilst in control of a train.
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pitmansboots
1,058 posts
56 months
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It may well be reasonable to keep the phone as evidence so it is possible to examine it for use at the time of the alleged offence. This way the accused will have less chance of using the "I didn't do it" defence when they refuse to accept the fixed penalty.
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Snowboy
3,176 posts
20 months
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Nice idea at first glance.
But, in practice I think the legal loopholes of confiscating properly are quite complicated.
Even if it’s being confiscated as evidence.
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daz3210
5,000 posts
109 months
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Sounds a good idea, but........
That would be using the Police as both prosecutor and judge.
We need a judiciary seperate from the Police in the interests of fairness.
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standardman
230 posts
37 months
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"That would be using the Police as both prosecutor and judge.
We need a judiciary seperate from the Police in the interests of fairness."
Sorry are not the police required to gather evidence to support a prosecution ???
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Nigel Worc's
5,277 posts
57 months
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As above in a perfect world yes, but police officers have been known to get this wrong, you'd need to have absolute confidence in police officers, and I'm afraid I don't.
They have enough power already, without dreaming up more for them.
Especially on something as minor and stupid as mobile phone use whilst driving, what are you going to do next, confiscate a speeders car ?
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AyBee
5,213 posts
71 months
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Yes. Only yesterday I was almost squashed off my bike only to see the driver on the phone...knocked on his window, he wound it down, I had a bit of a rant and he just looked at me blankly and nodded... 
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Nigel Worc's
5,277 posts
57 months
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AyBee said: Yes. Only yesterday I was almost squashed off my bike only to see the driver on the phone...knocked on his window, he wound it down, I had a bit of a rant and he just looked at me blankly and nodded... If a cycle, then it ought to be an olympic sport , medals and extra phones issued,  Or just have cyclists executed everytime they break a rule.
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AyBee
5,213 posts
71 months
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Nigel Worc's said: AyBee said: Yes. Only yesterday I was almost squashed off my bike only to see the driver on the phone...knocked on his window, he wound it down, I had a bit of a rant and he just looked at me blankly and nodded... If a cycle, then it ought to be an olympic sport , medals and extra phones issued, Or just have cyclists executed everytime they break a rule.  Fine by me, just don't complain when the car ends up with some nice dents and scratches...!
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pitmansboots
1,058 posts
56 months
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If the police suspect a crime they can hold the evidence that may help to prove that crime. If it does not they give it back.
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davepoth
19,878 posts
68 months
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standardman said: "That would be using the Police as both prosecutor and judge.
We need a judiciary seperate from the Police in the interests of fairness."
Sorry are not the police required to gather evidence to support a prosecution ??? No, the police are required to gather evidence. That evidence may support or hinder a prosecution.
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LordHaveMurci
3,118 posts
38 months
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Especially on something as minor and stupid as mobile phone use whilst driving, what are you going to do next, confiscate a speeders car ?
[/quote]
What a strange comment, I take it you've never had any close calls with idiots being on their mobile & failing to control their vehicle? I have, as a driver & pedestrian and they deserve all they get.
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Pothole
18,021 posts
151 months
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Find any offence and you'll find apologists for it.
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davepoth
19,878 posts
68 months
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LordHaveMurci said: Especially on something as minor and stupid as mobile phone use whilst driving, what are you going to do next, confiscate a speeders car ? What a strange comment, I take it you've never had any close calls with idiots being on their mobile & failing to control their vehicle? I have, as a driver & pedestrian and they deserve all they get. Hang them?
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roachcoach
2,960 posts
24 months
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LordHaveMurci said: someguy said: Especially on something as minor and stupid as mobile phone use whilst driving, what are you going to do next, confiscate a speeders car ? What a strange comment, I take it you've never had any close calls with idiots being on their mobile & failing to control their vehicle? I have, as a driver & pedestrian and they deserve all they get. I've had more with people being general bimbling bellends, should we shoot them too?
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herewego
5,713 posts
82 months
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I don't see the point of confiscating the phone and I can see a lot of come back when they fall into the wrong hands, but I do see the reason for giving the points.
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Nigel Worc's
5,277 posts
57 months
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davepoth said: LordHaveMurci said: Especially on something as minor and stupid as mobile phone use whilst driving, what are you going to do next, confiscate a speeders car ? What a strange comment, I take it you've never had any close calls with idiots being on their mobile & failing to control their vehicle? I have, as a driver & pedestrian and they deserve all they get. Hang them? I find your your thoughts strange, I've seen peoples cars wander, but for all sorts of reasons, not just mobile phone use, what are you going to ban next ? I find it a strange law, especially as all the research says hand free use is almost as bad as holding it, but the latter is legal in itself. I lump that particular law together with all the hype about speeding, I drive a lot, I see a lot of speed limits exceeded, I see a lot of people using hand held mobile phones, I don't see the carnage everyone seems worried about. As for cyclists ....... they moan, but they don't "do". I've seen pedestrians wander whilst talking on hand held mobile phones, I've also seen the same with cyclists, only motorcyclists have so far escaped my observations for some strange reason. Perhaps we should just ban mobile phones if they are causing all these problems
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daz3210
5,000 posts
109 months
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standardman said: "That would be using the Police as both prosecutor and judge.
We need a judiciary seperate from the Police in the interests of fairness."
Sorry are not the police required to gather evidence to support a prosecution ??? Yes, exactly that. They do not however also act as the judge in the cases where they have gathered evidence, which such a change in the law would allow. The courts I believe already have the power to confiscate a car from an offender. OK, give the court the same power over Mobiles, perhaps even allow an officer to seize (for a set period after which it must either be returned or put before a court) a phone pending a prosecution (i.e. in evidence). But to allow outright confiscation to be carried out by a muppet with a warrant card (no offence intended to Police Officers) is entering dangerous territory. What if there was a genuine reason for the phones use? (I will admit that I did once use a handheld while on a motorway, to report a wagon striking a car and causing said car to spin, I saw the car drivers head come through the side window as a result, I felt my 'law-breaking' in that instance quite justified). Allow unilateral crime detection and conviction/punishment, and you will get some who get it wrong.
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covboy
1,341 posts
43 months
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W124Bob said: Anyone else think that the police should confiscate the phone on the spot,no return and a £200 quid fine. I wouldn't bother with points.As the driver you will then have to deal sorting out the phone contract and all that entails,I would envisage a system where the police immediately notify the provider so as to prevent the owner simply saying the phoneds been lost/stolen.Also business users have the task of explaining to the boss plus loss of all those important contacts.Train drivers face dismisal if court using a phone whilst in control of a train. Obviously not read the numerous posts on here of people being stopped and accused of using the mobile phone when driving when a. The phone is in the boot or somewhere alse inaccessable. b. They don’t even own a mobile. A number of people have stated that they have invited the officer to examine the phone alleged to have been used, but this is always refused. How do you confiscate a non-existent phone?
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daz3210
5,000 posts
109 months
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covboy said: W124Bob said: Anyone else think that the police should confiscate the phone on the spot,no return and a £200 quid fine. I wouldn't bother with points.As the driver you will then have to deal sorting out the phone contract and all that entails,I would envisage a system where the police immediately notify the provider so as to prevent the owner simply saying the phoneds been lost/stolen.Also business users have the task of explaining to the boss plus loss of all those important contacts.Train drivers face dismisal if court using a phone whilst in control of a train. Obviously not read the numerous posts on here of people being stopped and accused of using the mobile phone when driving when a. The phone is in the boot or somewhere alse inaccessable. b. They don’t even own a mobile. A number of people have stated that they have invited the officer to examine the phone alleged to have been used, but this is always refused. How do you confiscate a non-existent phone? And of course in these cases it is an officers word against a MoP
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