Special Constable on the phone at time of collision

Special Constable on the phone at time of collision

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Discussion

Nigel Worc's

8,121 posts

190 months

Thursday 21st February 2013
quotequote all
XCP said:
La Liga said:
Most police officers (probably all) are of the opinion the CPS are much more likely to send police officers to court. I've seen some shockers go to court where there was no chance of a conviction when a police officer has been the accused.
Agreed. I too have seen cases prosecuted that would not have got through the charge room door, but for the fact that the suspect was a Police Officer.
From what I've read, and it is only my opinion, I feel she has been investigated much more harshly than a member of the public would have been.

I feel that the investigating officer, and the inspector, have been a little less professional than I would have hoped for.

They are entitled to their opinions of course, but shouldn't seek to represent them as anything other than opinions.

For me, the crucial statements are those from the witnesses, especially the van driver.

I still feel sad someone died, and for his family, but he does seem largely to blame for that himself.

As an ex special constable, I feel there are two main issues here, firstly, people do seem to always try to defend cyclists and motorcyclists for being out of position, and secondly, in my experience, with a very few regular officers, specials can do no right.

singlecoil

34,085 posts

248 months

Thursday 21st February 2013
quotequote all
Nigel Worc's said:
XCP said:
La Liga said:
Most police officers (probably all) are of the opinion the CPS are much more likely to send police officers to court. I've seen some shockers go to court where there was no chance of a conviction when a police officer has been the accused.
Agreed. I too have seen cases prosecuted that would not have got through the charge room door, but for the fact that the suspect was a Police Officer.
From what I've read, and it is only my opinion, I feel she has been investigated much more harshly than a member of the public would have been.

I feel that the investigating officer, and the inspector, have been a little less professional than I would have hoped for.

They are entitled to their opinions of course, but shouldn't seek to represent them as anything other than opinions.

For me, the crucial statements are those from the witnesses, especially the van driver.

I still feel sad someone died, and for his family, but he does seem largely to blame for that himself.

As an ex special constable, I feel there are two main issues here, firstly, people do seem to always try to defend cyclists and motorcyclists for being out of position, and secondly, in my experience, with a very few regular officers, specials can do no right.
It does seem that some here believe that having a phone on your lap, and talking to someone on it is much, much worse that 'overtaking several cars' (how fast would one need to be going to achieve that?) at a junction.

davemac250

4,499 posts

207 months

Thursday 21st February 2013
quotequote all
Ah, but what would have happened if it had been a police motorbike...

Let the ranting commence.

Nigel Worc's

8,121 posts

190 months

Thursday 21st February 2013
quotequote all
davemac250 said:
Ah, but what would have happened if it had been a police motorbike...

Let the ranting commence.
Mods ......... Mods ....... a troublemaker !

beer

Dibble

12,942 posts

242 months

Thursday 21st February 2013
quotequote all
singlecoil said:
It does seem that some here believe that having a phone on your lap, and talking to someone on it is much, much worse that 'overtaking several cars' (how fast would one need to be going to achieve that?) at a junction.
It depends how fast the cars were travelling. If they were nose to tail, stop start, a motorcyclist at 20mph would pass loads.

Dibble

12,942 posts

242 months

Thursday 21st February 2013
quotequote all
Accident/collision investigators are usually regarded as an "expert witness" and are therefore entitled to give evidence of opinion (relating to their area of expertise) at court.

singlecoil

34,085 posts

248 months

Thursday 21st February 2013
quotequote all
Dibble said:
singlecoil said:
It does seem that some here believe that having a phone on your lap, and talking to someone on it is much, much worse that 'overtaking several cars' (how fast would one need to be going to achieve that?) at a junction.
It depends how fast the cars were travelling. If they were nose to tail, stop start, a motorcyclist at 20mph would pass loads.
Witness reports say the traffic was at a steady 30mph (I have a feeling a poster said earlier that there was a temporary 30mph limit in force at the time. He was overtaking two cars and a van.


Nigel Worc's

8,121 posts

190 months

Thursday 21st February 2013
quotequote all
Dibble said:
Accident/collision investigators are usually regarded as an "expert witness" and are therefore entitled to give evidence of opinion (relating to their area of expertise) at court.
IF he'd had any evidence, the young lady would've been in court !

singlecoil

34,085 posts

248 months

Thursday 21st February 2013
quotequote all
Nigel Worc's said:
Dibble said:
Accident/collision investigators are usually regarded as an "expert witness" and are therefore entitled to give evidence of opinion (relating to their area of expertise) at court.
IF he'd had any evidence, the young lady would've been in court !
Indeed, and such evidence as was available, from actual witnesses, indicated that there would have been no case to answer.

anonymous-user

56 months

Thursday 21st February 2013
quotequote all
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.

Dibble

12,942 posts

242 months

Thursday 21st February 2013
quotequote all
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).

singlecoil

34,085 posts

248 months

Friday 22nd February 2013
quotequote all
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.

sunoco69

5,274 posts

167 months

Friday 22nd February 2013
quotequote all
Still say "Round them up, put em in a field..........

XDA

2,144 posts

187 months

Friday 22nd February 2013
quotequote all
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.

Why the sudden backtrack?

Where did I take it as fact?

singlecoil

34,085 posts

248 months

Friday 22nd February 2013
quotequote all
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.

Why the sudden backtrack?

Where did I take it as fact?
There's no backtrack, it has only ever been an opinion, it has never been evidence because there's hasn't been a court case.

As for the last question, I didn't say I meant you, but I guess you've tried that hat on and found that it fitted perfectly smile.

vonhosen

40,301 posts

219 months

Friday 22nd February 2013
quotequote all
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.
It was just his opinion.

XDA

2,144 posts

187 months

Friday 22nd February 2013
quotequote all
vonhosen said:
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.
It was just his opinion.
Which "has weight" in court and is admissible?

vonhosen

40,301 posts

219 months

Friday 22nd February 2013
quotequote all
XDA said:
vonhosen said:
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.
It was just his opinion.
Which "has weight" in court and is admissible?
Only in his area of expertise.

XDA

2,144 posts

187 months

Friday 22nd February 2013
quotequote all
singlecoil said:
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.

Why the sudden backtrack?

Where did I take it as fact?
There's no backtrack, it has only ever been an opinion, it has never been evidence because there's hasn't been a court case.

As for the last question, I didn't say I meant you, but I guess you've tried that hat on and found that it fitted perfectly smile.
An opinion from an expert witness, who's word could be used in court. You dismissed it as just an opinion.

Who did you mean then? The hat doesn't fit perfectly, it's for a much bigger head. Presumably yours. wink

XDA

2,144 posts

187 months

Friday 22nd February 2013
quotequote all
vonhosen said:
XDA said:
vonhosen said:
XDA said:
singlecoil said:
Dibble said:
La Liga said:
I don't think Dibble is saying that based on what the CI's are saying that there should have been a charge, just that opinion from expert witnesses is admissible in court and has weight.
Thanks, that was the point I was trying to make - expert witnesses don't just have to state facts, they can give evidence of opinion (related to their area of expertise).
Nearly everybody reading this knew that it was only an opinion, although there was one person who took it as a fact, but that was because he has an agenda.
Yet you (and a couple of others) dismissed the police accident investigators evidence as just his opinion.
It was just his opinion.
Which "has weight" in court and is admissible?
Only in his area of expertise.
Yes, accident investigation. (As per this whole discussion).