UK Police entrapment?
Discussion
Earlier this year in june , i was clocked doing 92mph in a 60mph country road overtaking a few cars by a hidden t5. I went to court and was given a 14 day suspension and a £208 fine with no points. Fair do's i thought but recently, foolishly i got caught by a narcotics unmarked Vectra in Grantham whilst picking a friend up. The swine was waiting for someone and yet in his spare two minutes, did me which was fair enough but for the fact I wasn't actually on my phone but was merely holding it something which, he simply not accept. Surely this sought of entrapment is on the verge of being illegal.
So now, im 21 with 9points and a ban under my belt. Roll on the next 11 months of good behaviour.
So now, im 21 with 9points and a ban under my belt. Roll on the next 11 months of good behaviour.
Entrapment?stationary, parked up.entrapment isnt the exact word, i dont know what is but i guess im just really irritated i got caught again. I just feel its a bit harsh to use unmarked cop cars to be honest, almost lulls one into a false sense of security. by the way, can anyone recommend a good device that will pick up hand held speed guns/ vans?
pomp1 said:
stationary, parked up.entrapment isnt the exact word, i dont know what is but i guess im just really irritated i got caught again. I just feel its a bit harsh to use unmarked cop cars to be honest, almost lulls one into a false sense of security. by the way, can anyone recommend a good device that will pick up hand held speed guns/ vans?
human eyeball Mk1or if yours are faulty road angel or similar
pomp1 said:
stationary, parked up.entrapment isnt the exact word, i dont know what is but i guess im just really irritated i got caught again. I just feel its a bit harsh to use unmarked cop cars to be honest, almost lulls one into a false sense of security. by the way, can anyone recommend a good device that will pick up hand held speed guns/ vans?
It's not illegal to use a phone when parked up. How were you parked?pomp1 said:
have a road angel but it only ever picks up a hand held gun from about 50m or so. just wondered if theres anything with a much greater range on it? as i say im bitter for having been caught having got off so lightly, in my opinion, at the magistrates.
pomp1, I assume since you don't deny the first incident that it was a fair cop.The second incident with the phone is extremely confusing from your posts, can you explain what happened?
first one was fair enough although he was hidden which irritated but i cant grumble too much. as regards the phone incident, i was driving with the phone in my hand however, ive just found out you can get done even if you're holding your phone, not just if youre actually talking on it. So,my mistake which is going to keep me on tenderhooks until next July when three points come off.
when i'm driving my car i sometimes hold my phone. if i'm holding it i'm more than likely going to use it so if stopped by the BiB i would expect to get done.
by saying you were holding the phone leads me to believe you were going to use it or had been using it. If i think this is the case i'm sure the BiB will think the same.
moral of the story, don't hold the phone when driving because it's obvious that it is going to be used, why else would you be holding it.
by saying you were holding the phone leads me to believe you were going to use it or had been using it. If i think this is the case i'm sure the BiB will think the same.
moral of the story, don't hold the phone when driving because it's obvious that it is going to be used, why else would you be holding it.
pomp1 said:
as regards the phone incident, i was driving with the phone in my hand however, ive just found out you can get done even if you're holding your phone, not just if youre actually talking on it.
Not entrapment at all then.Why on earth was your phone in your hand while you were driving?
Sheriff JWPepper said:
pomp1 said:
stationary, parked up.entrapment isnt the exact word, i dont know what is but i guess im just really irritated i got caught again. I just feel its a bit harsh to use unmarked cop cars to be honest, almost lulls one into a false sense of security. by the way, can anyone recommend a good device that will pick up hand held speed guns/ vans?
It's not illegal to use a phone when parked up.In regard to a definition of "driving", from the government's "Think Road Safety' website: 7) What counts as driving?
Driving is using a motor vehicle on public roads and can include when a vehicle is stopped at traffic lights or during a traffic hold-up. Therefore you should not use that time to make or receive a call. Park safely and then use the phone (but not on the motorway hard shoulder).
There is no definition of "park safely".
Some have argued that the engine must be off to classify as 'parked', but even if one is 'parked', with the engine off and the keys not in the ignition, one is considered to be 'in charge of a motor vehicle' (but not necessarily 'driving').
There is an exemption in the Regulations: 110(5)(c) it is unsafe or impracticable for him to cease driving in order to make the call ... which could form the basis of an argument that one has "ceased driving" by being stationary, even if the engine is still running. But note that this exemption addresses mobile 'phone use in an emergency.
As in so many of our laws, confusion creates scope for prosecution if desired.
Streaky
spunky-mon said:
when i'm driving my car i sometimes hold my phone. if i'm holding it i'm more than likely going to use it so if stopped by the BiB i would expect to get done. by saying you were holding the phone leads me to believe you were going to use it or had been using it. If i think this is the case i'm sure the BiB will think the same. moral of the story, don't hold the phone when driving because it's obvious that it is going to be used, why else would you be holding it.
Phone records should be able to prove that you had not made a call in the period before being stopped. I assume the ticket is timed and dated.Thinking about committing an act and actually doing it are two different things. I suspect most people have at some time thought about robbing a bank.
If the phone was in your pocket and digging into your leg/chest it is not unreasonable to remove it (and thus the distraction) while looking for a safe opportunity to pull over and put the phone in the glove box or other suitable storage space.
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