Two fingered salute, help needed.
Two fingered salute, help needed.
Author
Discussion

vario-rob

Original Poster:

3,034 posts

278 months

Thursday 18th November 2004
quotequote all
Apologies if this is old ground but I don’t normally encroach on this part of the site.

My company had the normal thing through the post from Norfolk constabulary for an alleged offence on the A11 although no reference to what the alleged offence was or specifically where it was other than to request driver information is forwarded for the alleged offence.

Anyway my company secretary has written back stating that there were two people in the car and as there is no specific reference as to where the offence occurred they stopped for petrol and changed driver so do not want to perjure themselves.

Now though the crux of this. There was one of those fg vans with the camera in it which they saw and promptly both gave the two fingered salute to although at that time were adamant that they were not speeding so it must have been somewhere else. Or has the swine in the van caught them on camera giving him the old digit and thus committed an offence?

Your assistance is as ever much appreciated.

deltaf

6,806 posts

283 months

Thursday 18th November 2004
quotequote all
Pity these petty pricks wont persue the bastards who create problems for everyone else isnt it?

Oh no, theyre more than happy to sit there and give you a "crime number" (999??) but instead would rather try to make an example outa someone giving them the "victory" sign (churchill)....its not your fault they misinterpreted it for something entirely different...

GreigM

6,740 posts

279 months

Thursday 18th November 2004
quotequote all
ask for the pictures - you must do - you could sell a picture like that to the tabloids for a mint, not to mention giving us a great laugh here

parrot of doom

23,075 posts

264 months

Thursday 18th November 2004
quotequote all
I was a passenger on my way up to Newcastle the other day, going up the A1, must have passed 3-4 talivans.

I gave the 'victory' sign to one of these, parked on the raised police observation platforms. I wonder if the operator(s) saw it

JonRB

80,061 posts

302 months

Thursday 18th November 2004
quotequote all
vario-rob said:
...which they saw and promptly both gave the two fingered salute to
Ooops. Hope nobody familar with the case is reading because you've kind of dropped them in it. If it is an offence then you've just implicated both of them rather than leaving it ambiguous by saying "one of them".

(If you modify your post I'll delete mine. )

BlackStuff

463 posts

271 months

Thursday 18th November 2004
quotequote all
JonRB said:

vario-rob said:
...which they saw and promptly both gave the two fingered salute to

Ooops. Hope nobody familar with the case is reading because you've kind of dropped them in it. If it is an offence then you've just implicated both of them rather than leaving it ambiguous by saying "one of them".

(If you modify your post I'll delete mine. )

Not quite!

If it is the "salute" that is the problem, then the offence would presumably be failing to keep proper control of the vehicle. In other words it is only the driver they are after, so what the passenger was doing at the time has no effect on anything. Indeed, the fact that they both did it would perhaps make it even more difficult to bring to mind which one was driving - as it can't now simply be "the one that saluted", can it?

We had a similar case here which made the front page of the local rag - I'll see if I can post a link!

BlackStuff

463 posts

271 months

Thursday 18th November 2004
quotequote all
Here we are...

www.thisisthelakedistrict.co.uk/search/display.var.501435.0.patriotic_hand_signal_costs_pensioner_100.php

Shame the photo was only on the print edition - it was a classic!

g_attrill

9,056 posts

276 months

Thursday 18th November 2004
quotequote all
The other possibility is s5 of the Public Order Act 1986:

www.police-law.co.uk/law/policelaw.nsf/0/72a2059b83f7f74280256baa0058b007?OpenDocument

[quote]
A person is guilty of an offence if he

* uses threatening, abusive, insulting words or disorderly behaviour

OR

* displays any writing, sign or other visible representation which is threatening, abusive or insulting within the hearing or sight of person likely to be caused harassment, alarm or distress
[/quote]

HOWEVER if they were considering this then using s172 is pretty dirty way of proving it and frankly if it were me I would fight it all the way. ALSO it has been upheld that police officers are UNLIKELY to be affected by swearing etc. and for s5 to apply there must be other people present that could be affected. Therefore a driving offence is much easier to stick on somebody.

Since they have no way of knowing who the passenger is they can rest easy, although technically they could throw an incitement offence if they could prove who it was.

Gareth

JonRB

80,061 posts

302 months

Thursday 18th November 2004
quotequote all
BlackStuff said:
If it is the "salute" that is the problem, then the offence would presumably be failing to keep proper control of the vehicle. In other words it is only the driver they are after, so what the passenger was doing at the time has no effect on anything. Indeed, the fact that they both did it would perhaps make it even more difficult to bring to mind which one was driving - as it can't now simply be "the one that saluted", can it?
I like the way you're thinking there.

gemini

11,352 posts

294 months

Thursday 18th November 2004
quotequote all
Im not expressng my like or dislike

BUT

its actually section 4a POA

Its an arrestable offence

visisble sign etc etc

Now Ill express my feelings - Why do it? Make you feel good?
Now youve a court case perhaps where as when you went past the van under the limit you were fine!

We have no van or cameras in North Yorks and feel fine about that, but stick two fingers up and we'll do ya!

Im ok about that - we police for you and expect to be treated as law enforcers - stick two fingers up and you break the law
Yes we catch the murderers , the rapists etc!

But dont excuse yourself for being rude, arogant and dam right obscene




>> Edited by gemini on Thursday 18th November 23:26

8Pack

5,182 posts

270 months

Friday 19th November 2004
quotequote all
I'd say you were smoking a cigarette and the action was mistaken for a V sign, how good is the photo?

maxf

8,444 posts

271 months

Friday 19th November 2004
quotequote all
Just say that they were both archers recently involved in a battle against the french and were simply demonstrating that their fingers remained intact!

yertis

19,714 posts

296 months

Friday 19th November 2004
quotequote all
gemini said:
Im not expressng my like or dislike

BUT

its actually section 4a POA

Its an arrestable offence

visisble sign etc etc

Now Ill express my feelings - Why do it? Make you feel good?
Now youve a court case perhaps where as when you went past the van under the limit you were fine!

We have no van or cameras in North Yorks and feel fine about that, but stick two fingers up and we'll do ya!

Im ok about that - we police for you and expect to be treated as law enforcers - stick two fingers up and you break the law
Yes we catch the murderers , the rapists etc!

But dont excuse yourself for being rude, arogant and dam right obscene




>> Edited by gemini on Thursday 18th November 23:26




It's the van though isn't it, and what it represents, rather than the Police inside it, that attract such hatred. The industrialisation of law enforcement.

BlackStuff

463 posts

271 months

Friday 19th November 2004
quotequote all
yertis said:

It's the van though isn't it, and what it represents, rather than the Police inside it, that attract such hatred. The industrialisation of law enforcement.

I'd agree with that. Most people I know see the Police Force as upholders of the law, but hate the talivans with a passion, as sneaking underhand revenue collectors.

james_j

3,996 posts

285 months

Friday 19th November 2004
quotequote all
How do they know the salute was meant for them? Have they a guilty conscience?

deltaf

6,806 posts

283 months

Friday 19th November 2004
quotequote all
If persued for this id say that it was intended for the benefit of the camera not its operator.

OOps, forgot! YOU WILL NOT DEMONSTRATE!

IOLAIRE

1,293 posts

268 months

Friday 19th November 2004
quotequote all
gemini said:
Im not expressng my like or dislike

BUT

its actually section 4a POA

Its an arrestable offence

visisble sign etc etc

Now Ill express my feelings - Why do it? Make you feel good?
Now youve a court case perhaps where as when you went past the van under the limit you were fine!

We have no van or cameras in North Yorks and feel fine about that, but stick two fingers up and we'll do ya!

Im ok about that - we police for you and expect to be treated as law enforcers - stick two fingers up and you break the law
Yes we catch the murderers , the rapists etc!

But dont excuse yourself for being rude, arogant and dam right obscene




>> Edited by gemini on Thursday 18th November 23:26


By the way Rob, it's not an offence at all if it was civilians operating the equipment in the van, and it also gives you another tack at a defence.

bryan35

1,906 posts

271 months

Friday 19th November 2004
quotequote all
I tend to slow down to 15MPH and give the van operators a nice wave, and actually HOPE i get something through the post, just to see what it would be!

(this is never on a motorway of course)

the joys of pedanticism!

Dibble

13,276 posts

270 months

Friday 19th November 2004
quotequote all
bryan35 said:
...the joys of pedanticism!


I think you actually mean 'pedantry', don't you?

BlackStuff

463 posts

271 months

Friday 19th November 2004
quotequote all
Dibble said:

bryan35 said:
...the joys of pedanticism!

I think you actually mean 'pedantry', don't you?

Don't be so pedantic!