Police error, complaint upheld, doing me anyway! Defend?!

Police error, complaint upheld, doing me anyway! Defend?!

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Red 4

10,744 posts

188 months

Monday 9th September 2013
quotequote all
I must be missing something ...

Wrong box ticked/ question concerning ethnicity not asked = not guilty of using a mobile phone whilst driving.

I must remember that one.


thegoose

Original Poster:

8,075 posts

211 months

Monday 9th September 2013
quotequote all
carreauchompeur said:
To me, multiculturalism is all about breaking down barriers. Everyone's equal.

The monitoring form says to a subject "Here, put yourself in a box". Hence, I don't like it. And I don't like answering the question.

It's much like diversity monitoring when they ask you to define your sexuality. I don't think it's as straightforward as X, Y or Z, so I don't really like the question.

Self-defined ethnicity's a component, definitely, however in terms of blunt monitoring this could be just as easily achieved with the "officer defined ethnicity" box. Blunter, yes, but achieves the same aim of monitoring whether we're stopping a disproportionate number of BME people.

Are you white, and were you on the phone?
Are you aware there's a category for "decline to answer" that anyone can choose?

dingg

3,998 posts

220 months

Monday 9th September 2013
quotequote all
WERE YOU ON THE BLOODY PHONE OR NOT??

carreauchompeur

17,852 posts

205 months

Monday 9th September 2013
quotequote all
thegoose said:
Are you aware there's a category for "decline to answer" that anyone can choose?
You've missed the point.

Oh, forgot to ask... Were you on the phone?

Andehh

7,113 posts

207 months

Monday 9th September 2013
quotequote all
White/Asian/black or a shade of each... who gives a toss!? You were on your phone and got caught. Suck it up.

I'm annoyed you are making an issue out of tbh, everyone ends up walking on tippy toes in case some ignorant self-riotous troll like you makes an issue out of to escape wrong doing!

Go to court and get slapped even harder IMO.

Elroy Blue

8,689 posts

193 months

Monday 9th September 2013
quotequote all
It's not normal procedure for in-car video to be permanently recording either (not in the three Forces I work with).

I often leave the self defined box out as well. Doesn't make a jot of difference.

So OP, were you on the phone?

anonymous-user

55 months

Monday 9th September 2013
quotequote all
carreauchompeur said:
You've missed the point.

Oh, forgot to ask... Were you on the phone?
To the OP: if they ask you this question in court, you should probably be quicker to answer it.

XCP

16,939 posts

229 months

Monday 9th September 2013
quotequote all
As a matter of interest, what colour would you say you were OP?
Oh and were you using the phone by any chance?

streaky

19,311 posts

250 months

Monday 9th September 2013
quotequote all
Has anyone asked if the OP was on the 'phone?

If they did, I must have missed it.

Streaky

carreauchompeur

17,852 posts

205 months

Monday 9th September 2013
quotequote all
streaky said:
Has anyone asked if the OP was on the 'phone?

If they did, I must have missed it.

Streaky
I think I did once or twice but I got away with it.

redstu

2,287 posts

240 months

Monday 9th September 2013
quotequote all
streaky said:
Has anyone asked if the OP was on the 'phone?

If they did, I must have missed it.

Streaky
Its the answer that's missing! And probably the op as well.

Marvib

528 posts

147 months

Monday 9th September 2013
quotequote all
That is an absolute joke "The officer got my ethic background wrong, so I'm not guilty".

PS Are you ACTUALLY guilty of the offence?

agtlaw

6,712 posts

207 months

Monday 9th September 2013
quotequote all
thegoose said:
Could you expand please? Worth asking who?
I'm out at the mo.

Short version is that a wrong box ticked on a ethnic monitoring form (deliverately or otherwise) isn't a defence to using a mobile phone.

Marvib

528 posts

147 months

Monday 9th September 2013
quotequote all


I really don't think he's Asian tbh.

carreauchompeur

17,852 posts

205 months

Monday 9th September 2013
quotequote all
Marvib said:


I really don't think he's Asian tbh.

LoonR1

26,988 posts

178 months

Monday 9th September 2013
quotequote all
I love these threads:

"I was arrested for murder after stabbing someone to death earlier, but the officer was standing on a crack in the pavement when he arrested me. How much compensation can I expect to receive?"

Way too much time spent watching daytime US TV court dramas.

Pontoneer

3,643 posts

187 months

Monday 9th September 2013
quotequote all
thegoose said:
Apparently whether you're on the phone or not doesn't matter in the slightest - if you have it in your hand, you're guilty of the offence (even if, for example, you're moving it from your shirt pocket to the centre console in order that it doesn't distract you whilst driving). Seems ridiculous to me, but that's the law.
No , that is not the law .

It is not unlawful in itself to hold the handset whilst driving ; it is only unlawful to hold the handset in order to use it .

The two are not the same and moving it from one place to another is not in itself unlawful .

thegoose

Original Poster:

8,075 posts

211 months

Monday 9th September 2013
quotequote all
Pontoneer said:
No , that is not the law .

It is not unlawful in itself to hold the handset whilst driving ; it is only unlawful to hold the handset in order to use it .

The two are not the same and moving it from one place to another is not in itself unlawful .
That's quite different to what the Constable and Inspector told me (separately), the phrase they used was "the offence is absolute, if someone has a phone in their hand, they're guilty of the offence".

JG5

2,449 posts

187 months

Monday 9th September 2013
quotequote all
thegoose said:
That's quite different to what the Constable and Inspector told me (separately), the phrase they used was "the offence is absolute, if someone has a phone in their hand, they're guilty of the offence".
Were you using yours?

You might have missed it when someone asked earlier in the thread.

HD Adam

5,154 posts

185 months

Monday 9th September 2013
quotequote all
Can I just ask the OP.



Were you actually on the phone or not?