Using hands free, but police say he was holding phone

Using hands free, but police say he was holding phone

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Discussion

maccas99

1,706 posts

188 months

Thursday 26th April 2018
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In addition to the above, all systems with CarPlay use Siri as voice control by default which is damn useful for adding Nav destinations or phone calls.

Sheepshanks

32,767 posts

119 months

Thursday 26th April 2018
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Hogstar said:
Its been suggested on here that an officer may lie about what they have seen, that's a big risk, losing their job pension etc just to issue a ticket for a minor traffic offence.
Where's the risk? And, even if we assume the officer was mistaken rather than lying, the scary thing is he's probably still convinced he was right.

Hogstar

23 posts

73 months

Thursday 26th April 2018
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How many time have you been convinced that you have seen or heard something that later turns out never to have happened? It's because of the way the human brain works, people can watch exactly the same scene on a video and see give completely different recollection if what happened, and yes you would be convinced that what you saw was correct.

And the risk is if it is proved that an officer was lying in order to prosecute someone then they would lose their job pension and everything that goes with it

HTP99

22,552 posts

140 months

Thursday 26th April 2018
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joyless lobotomised parrot said:
I'd be surprised if anyone with handsfree fitted wouldn't be using it. Am I wrong? If I'm not wrong then the cop was being a bit silly suggesting someone with handsfree wasn't using it.
I see it all the time; modern cars, high end cars, cars that you know would have Bluetooth, the driver has a phone clamped to his/her ear.

I was stopped once for using a mobile whilst driving, I was flagged down by an officer who was on foot, he was adamant that he had seen me on my phone whilst at a set of lights; I didn't even have a phone with me (luckily).

I offered for him to search the cab of the van that I was in, he had a quick look around and couldn't find anything (odd that!), he kept on saying that I was definitely on the phone but in the end he just let me go.

Sheepshanks

32,767 posts

119 months

Thursday 26th April 2018
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Hogstar said:
And the risk is if it is proved that an officer was lying in order to prosecute someone then they would lose their job pension and everything that goes with it
It's pretty well impossible though as at the end of the day he can just shrug and say he must have been mistaken.

For someone who had, say, a couple of 3 point speeding penalties already on their licence,, being found guilty could have had very serious implications.

aka_kerrly

12,418 posts

210 months

Thursday 26th April 2018
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MorganP104 said:
Greendubber said:
hondansx said:
Refuse to take the ticket, stand in front of his car, whatever it took to give me the time to rationally explain my defence. Not that hard, really.
If this ever happens be sure to let us know how it turns out.
There is no way this would ever end badly. No sir. Only good would come of this approach. Definitely.

hehe
Would make a good "Police Camera Action" episode, one officer faces a standoff over a ticket which escalates to the point Mr NSX gets his head whacked on the van door as he is bundled away by half a dozen cops, then to a cutaway to his pride an joy being recovered by an officer who wants a quick spin around the block before heading to the impoundlaugh

Jasandjules

69,895 posts

229 months

Thursday 26th April 2018
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Hogstar said:
And the risk is if it is proved that an officer was lying in order to prosecute someone then they would lose their job pension and everything that goes with it
Not in my experience.

However, this is a six of one half a dozen of the other to me. The officer may have been mistaken but let's face it how many times must they be told shall we say less than the truth? And we don't know how the OP's mate reacted but I have been pulled more than once in my life and never had any issues, that's not to say he was rude at all of course.

Short Grain

2,758 posts

220 months

Thursday 26th April 2018
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Can't understand why some people seem incapable of pairing the phone to Blue Tooth, takes a minute, max.

Mines charging via USB cable in what would've been an ashtray at the front of the centre consul, with a door / cover. (Golf TDi) Cable is coiled and wire tied in such a way that I can connect the phone, but not long enough to raise to my ear whilst connected. Also needs both hands to connect it so easily seen.

Wouldn't dream of holding it to make or receive a call and would fight any attempt to say I was holding it.
Why would I hold it?

I remember the thread with the deaf driver accused of holding it, with a retired officer actually in the car with him if I remember, or was the driver the officer?

98elise

26,601 posts

161 months

Thursday 26th April 2018
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Joeguard1990 said:
If your friend is telling the truth then tell him to go to court and contest it.

Nothing else he can do.

Thought I doubt the policeman would just blatantly lie and make something like that up...
They can be mistaken though.

I'm pretty sure I read on here a PH'ers relative was stopped for using a phone. There were two issues with the accusation.

1. The person was profoundly deaf.
2. The person did not even own a mobile phone.

I also read about someone being accused when all they were doing was resting their head against their fist (is elbow on the door, fist against head) while waiting in traffic. I have a habit of doing that so I've really tried to stop!

maccas99

1,706 posts

188 months

Friday 27th April 2018
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Short Grain said:
Can't understand why some people seem incapable of pairing the phone to Blue Tooth, takes a minute, max.

Mines charging via USB cable in what would've been an ashtray at the front of the centre consul, with a door / cover. (Golf TDi) Cable is coiled and wire tied in such a way that I can connect the phone, but not long enough to raise to my ear whilst connected. Also needs both hands to connect it so easily seen.

Wouldn't dream of holding it to make or receive a call and would fight any attempt to say I was holding it.
Why would I hold it?

I remember the thread with the deaf driver accused of holding it, with a retired officer actually in the car with him if I remember, or was the driver the officer?
Most cars have a USB port in the boot now, connect your phone to this port in the boot and there never even needs to be a discussion past "show me where my phone is officer"!

captain_cynic

12,004 posts

95 months

Friday 27th April 2018
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Short Grain said:
Can't understand why some people seem incapable of pairing the phone to Blue Tooth, takes a minute, max.
Can't understand why some people seem incapable of just leaving their phone alone in the car.

maccas99 said:
Most cars have a USB port in the boot now, connect your phone to this port in the boot and there never even needs to be a discussion past "show me where my phone is officer"!
Except the discussion about the faults the officer noticed with your car, plus a road side sobriety test and whatever else... depending on how much time the officer has to waste on rude idiots.

silvermills997

36 posts

80 months

Friday 27th April 2018
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I once got stopped in my C2s ( so no chance of mistaking my car ) by a very unpleasant and aggressive policeman you told me i was getting done for using my phone while driving, I said i had not been on my phone, even on hands free, Then asked him if he had seen me on it,
Of course said Mr Cop, and i should be ashamed ect ect,

My what a surprise he got when i pointed out my phone was in my jacket that was in the boot, However he was welcome to search me and my car for the non existent second phone ....

His parting words? " I will let you off with a warning this time " .....WTF!!!

Red Devil

13,060 posts

208 months

Friday 27th April 2018
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98elise said:
I'm pretty sure I read a story on PH where someone was stopped by the police for using his phone. Only two problems with that....

1. The person did not own a mobile phone
2. The person was deaf and could not have used a phone held to his ear.
So did I.

It's here - https://www.pistonheads.com/gassing/topic.asp?h=0&...

98elise said:
The police can sometimes be mistaken (or lie)
More likely the former I suspect.

Unfortunately it is then compounded by a psychological aversion to losing 'face' by admitting to having done so.
A not uncommon scenario with those in positions of power/authority over the general public.

Dangerous Dan said:
DHE said:
Well my friend had his afternoon in court today. Based on photos provided by the police of were he was spotted 'holding' his mobile phone, he produced a video which showed the police officer could not have seen into the cab of the van. The magistrates accepted there was reasonable doubt and found him not guilty.
Brilliant outcome!
+1

Sheepshanks

32,767 posts

119 months

Friday 27th April 2018
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maccas99 said:
"show me where my phone is officer"!
I've read cases where they refuse to do that.