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Guivre46 Frequent Visitor
Joined: Apr 14, 2010 Posts: 1262 Location: West London
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Posted: Wed Jan 05, 2011 4:55 pm Post subject: |
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This seems to be being debated everywhere. The most persuasive thing I've heard [not verified] is that previously the Court of Appeal dismissed an identical case, because the police would need to prove that motorists coming in the opposite direction, ie those being warned, were breaking the speed limit. There is no offence in flashing drivers driving at the legal speed limit. He should appeal. _________________ Mike R [aka Wyvern46]
Go 530T - unsupported
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Skippy Pocket GPS Verifier
Joined: 24/06/2003 00:22:12 Posts: 2946 Location: Escaped to the Antipodies! 36.83°S 174.75°E
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Posted: Thu Jan 06, 2011 1:06 am Post subject: |
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BigPerk wrote: | I think also it's the CPS that has the crucial role in making the decision to prosecute, rather than the police. And they seem to prefer to try to chase (relatively!!) minor and petty, but 'easy' cases, as here, justifying them as "in the public interest". Yet they decide NOT to pursue some complex, but major, VERY high profile cases - but there, citing "unlikely to get a conviction". |
Not commenting on any specific case, but the impression I get is that they want to win a single high profile case to get lots of publicity. That way most people will be deterred from acting as the accused did and their job is done.
For example, if a street market has a number of traders who are flouting the law somewhat, trading standards will come in and take out a high profile trader and prosecute them. This will stand as an example to all the other traders who will (hopefully) fall into line.
In that situation, the high cost of making an example of a single case is money well spent if only for the "shock and awe" value of the case. _________________ Gone fishing! |
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M8TJT The Other Tired Old Man
Joined: Apr 04, 2006 Posts: 10118 Location: Bexhill, South Sussex, UK
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Posted: Thu Jan 06, 2011 9:42 am Post subject: |
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Skippy wrote: | That way most people will be deterred from acting as the accused did and their job is done. | In the same way that 3 points and £60 fine deters people from speeding? |
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CDK Regular Visitor
Joined: Apr 20, 2006 Posts: 122 Location: Ashford. Kent. UK.
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Posted: Thu Jan 06, 2011 5:24 pm Post subject: |
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Interesting topic. Maybe it also includes the PCs feeling that his/her own personal authority (or ego) is being challenged.
For example, moving the topic sideways slightly; as I understand it, using a non-hands-free phone whilst driving is forbidden in any circumstances.
When was the last time you saw/read/heard about a driver being charged or pulled over for using a non-hands-free mobile phone. We've all seen numbers of drivers blatantly driving with a phone up to their ear and certainly I've seen petrol cars happily pass such drivers without taking any action. If I saw them the PCs certainly did.
But for some reason this may not be seen as a challenge to the PC's own personal authority or interfering with what he/she was doing at the time. Unless there is an accident and the driver was (later) found to be caused by using a phone, nothing is done.
In fact, whilst speeding, the driver may still be in control of his vehicle (not excusing them) but whilst using a phone the driver is certainly not fully involved in the driving – even less when they are dialling or texting. There have been fatalities when the driver was not speeding - but was concentrating on the phone.
It is clear that the current points system is not enough of a deterrent.
In my opinion the penalty for using a non-hands free phone in any way whilst driving should include loss of licence and the phone user's vehicle being sent for scrap - after say, three charges - let’s see how they explain that to the vehicle's owner, their employer/husband/wife/etc.......
But it still depends on the police forces taking the matter as seriously as speeding and taking action at the time of the offence. |
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acefreecell Lifetime Member
Joined: Feb 28, 2006 Posts: 58 Location: Derbyshire
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Posted: Sat Jan 08, 2011 12:38 pm Post subject: |
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Section 110 of the "Highway Code"
110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.
I think the difference in this case is that the motorist was in contravention of the highway code and also guilty of warning people that there is an active officer carrying out the checks.
I am not sure I agree with the principle of warning other motorists, but it was the AA who used to warn motorists before SatNav came along................
Speed-traps are sent to keep motorists on their toes to make driving more interesting.[/i] _________________ Acefreecell
Motorola Defy with CamerAlert, NDrive 11, Co-Pilot Live and Google Maps
formally Garmin i3, Nuvi 200 and Origin BlueI
(Origin for sale) |
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Duddy Lifetime Member
Joined: Dec 09, 2006 Posts: 219 Location: Manchester UK
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Posted: Sun Jan 09, 2011 12:41 am Post subject: |
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Quote: | Quote:
Section 110 of the "Highway Code"
110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.
I think the difference in this case is that the motorist was in contravention of the highway code and also guilty of warning people that there is an active officer carrying out the checks. |
Just a minor point. Contravention of the Highway Code is not, in itself, an offence although it is often quoted in cases of due care etc as a guide as to how to drive safely although the current Highway code contains advice which has nothing to do with safety e.g. Give way to buses. _________________ HUAWEI P30 Pro (new edition) with Speedtrap Alert & alcatel1 for SatNav
CoPilot 10 with CamerAlert
RoadHawk in-car video
Reading glasses getting thicker as is my waist
Retired but want to go back to work for a rest. |
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Andy_P Pocket GPS Moderator
Joined: Jun 04, 2005 Posts: 19991 Location: West and Southwest London
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Posted: Sun Jan 09, 2011 1:43 am Post subject: |
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As you say, most of the Highway Code is advice, not obligation (when I last looked the difference was always signalled by "you SHOULD not" or "you MUST not". I don't know if that has changed recently.
But neither of those two terms appear anywhere in section 110 and therefore it can only be classed as advice, no offence is committed by ignoring it.
I return to my original point ... Whatever else they want to fit him up with, I don't see how this could in any way be described as OBSTRUCTION of the officer in the execution of their duty.
As others have said, the guy was simply made a scapegoat on very dodgy legal grounds and I really hope he is going to appeal. |
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BigPerk Frequent Visitor
Joined: Sep 06, 2006 Posts: 1618 Location: East Hertfordshire
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Posted: Sun Jan 09, 2011 1:05 pm Post subject: |
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Quote: | the current Highway code contains advice which has nothing to do with safety e.g. Give way to buses |
Quote: | I don't see how this could in any way be described as OBSTRUCTION of the officer in the execution of their duty. |
Found an interesting website called PoliceOracle with a discussion on this @ http://www.policeoracle.com/forum/forum_posts.asp?TID=15676&PN=1 - one of the posters is Tommo999, who I seem to remember posts here occasionally. _________________ David
(Navigon 70 Live, Nuvi 360) |
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Guivre46 Frequent Visitor
Joined: Apr 14, 2010 Posts: 1262 Location: West London
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Posted: Sun Jan 09, 2011 3:15 pm Post subject: |
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Yes the Cops always assume everyone is breaking the law, you can see why, all the clearing up they have to do when it happens, and a certain cynicism comes with experience.
Again the thread refers to having to show that the motorists being warned are speeding before the person doing the warning can be prosecuted. _________________ Mike R [aka Wyvern46]
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Darren Frequent Visitor
Joined: 11/07/2002 14:36:40 Posts: 23848 Location: Hampshire, UK
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Posted: Sun Jan 09, 2011 4:05 pm Post subject: |
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Did the motorist in this case defend himself? I thought I'd read that he had representation? If he defended himself then it's hardly surprising that he lost and if so, he's a muppet!
Had he had even a basic understanding of the law he may have been able to offer a reasonable defence. Hopefully he will correct that error on appeal and the conviction will be overturned.
The biggest issue in this whole case, as I see, is not what he did on this occasion, but the incredible waste of money and time in pursuing this case.
The whole subject of warning motorists etc is a rather bigger subject. We may all feel sympathy for this chap but perhaps we would we feel differently if he were warning motorists a VOSA, ANPR or DVLA operation? _________________ Darren Griffin |
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Skippy Pocket GPS Verifier
Joined: 24/06/2003 00:22:12 Posts: 2946 Location: Escaped to the Antipodies! 36.83°S 174.75°E
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Posted: Sun Jan 09, 2011 5:34 pm Post subject: |
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acefreecell wrote: | I think the difference in this case is that the motorist was in contravention of the highway code |
The law is the "Road Traffic Act". The highway code is just a summary and an interpretation of this act which is used for guidance and there is no offence of contravening the highway code.
Possibly the only exception to that is that the highway code sets out guidance as to what a reasonable person should and shouldn't do on the road. If someone doesn't follow that advice then a judge may take it into consideration when passing judgement on a charge of careless driving.
Flashing your lights is certainly no offence under the law, people do it all the time and it's generally pretty obvious what it means, given the context it's used in. _________________ Gone fishing! |
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BigPerk Frequent Visitor
Joined: Sep 06, 2006 Posts: 1618 Location: East Hertfordshire
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aj2052 Frequent Visitor
Joined: Jul 03, 2005 Posts: 1431 Location: Leics,UK
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Posted: Mon Jan 10, 2011 12:58 am Post subject: |
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If there was a camera warning sign before the officer operating the speed trap could this then be construed as "Obstructing the Officer etc", personaly I cant see the difference,
The police themselves keep saying and trying to convince us that cameras are for safety and not revenue so surely this gent was aiding that purpose, It all seems like double standards to me. _________________ Moto G5s Plus, Sygic 17.4.8 |
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