Olsrey
Member
Registered: 13th Jan 07
Location: Bradford Drives: LET Vectra B
User status: Offline
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quote:
Originally posted by rybo8655
bummer...theyre a bunch of t#### in kendal though-proper power mad over the daftest things
Generally thats any of them in Cumbria. Only thing I don't miss about Cumbria!!!!
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EarlofBarnet
Member
Registered: 26th Mar 04
Location: West Cumbria
User status: Offline
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Bad luck lad. At least it was only a drink test you got, ha ha.
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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quote:
Originally posted by Nic Barnes
yeah its a fine and points. all i did was pick it up off dashboard glanced at it and threw it in my pocket. im 100% in the wrong, but i still think its a bit harsh. i wasnt making a call or texting anyone. spotted by a traffic unmarked car in kendal.
feel like a right bad lad today. reckon id get away with rape, robbery and murder though.
they 1000000000000% cannot prosecute, as the law states the mobile has to be used. at the very most they could attempt a prosecution for due care and attention, however proving that is difficult.
you can tell the police that you have requested a copy of call logs, and they confirm that it wasnt used. call their bluff.
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Danny P
Member
Registered: 20th Nov 02
Location: Cleckheaton, West Yorkshire
User status: Offline
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quote:
Originally posted by bubblevaux
quote:
Originally posted by Nic Barnes
yeah its a fine and points. all i did was pick it up off dashboard glanced at it and threw it in my pocket. im 100% in the wrong, but i still think its a bit harsh. i wasnt making a call or texting anyone. spotted by a traffic unmarked car in kendal.
feel like a right bad lad today. reckon id get away with rape, robbery and murder though.
they 1000000000000% cannot prosecute, as the law states the mobile has to be used. at the very most they could attempt a prosecution for due care and attention, however proving that is difficult.
you can tell the police that you have requested a copy of call logs, and they confirm that it wasnt used. call their bluff.
I'd beg to differ.
Law states "using a mobile phone" not "speaking" on a mobile phone.
See here:
http://www.muckle-llp.com/N2293/Case-law-using-a-mobile-phone-while-driving.html
quote:
The driver argued that he was simply switching off the alarm on the phone, and was therefore not 'using' the phone.
The judge ruled that it was immaterial what the driver was doing, as any use of the phone would amount to 'using' a hand-held phone.
Worth a shot I agree, and the Police would probs drop the charges due to not being arsed to follow it through, just because you not making a call doesn't mean you cant be prosecuted for it.
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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he would get away with it. id argue that the phone was rolling around the dash, and causing more of a distraction than removing the phone actually would. open and shut case imo
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Danny P
Member
Registered: 20th Nov 02
Location: Cleckheaton, West Yorkshire
User status: Offline
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I'm not saying he wouldn't get away with it, it would depend on the Magistrates on the day.
I'm just pointing out that saying they 1000000000000% cannot prosecute is wrong.
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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i cant afford to take the chance though scott the bubble. 3 points aint going to make shit all difference to my insurance. only issues is say i get another 9 points. bye bye job etc.
its wrong for so many reasons. i still think talking to a passenger is more dangerous than talking on a phone as your more likely to look at them etc. but hey, im the dangerous one i guess in the eyes of the law.
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CorsaSport14
Member
Registered: 11th Nov 07
User status: Offline
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Appeal mate, definately! thats so stupid, if it was an apple they wouldnt prosecute you for picking up an apple lol
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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quote:
Originally posted by CorsaSport14
Appeal mate, definately! thats so stupid, if it was an apple they wouldnt prosecute you for picking up an apple lol
actually has happened before in the past. people been fined and given points for eating while driving etc. ive read about it in the sun.
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Graham88
Member
Registered: 16th Apr 07
Location: South East Kent Drives: E46 M3
User status: Offline
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quote:
Originally posted by Nic Barnes
ive read about it in the sun.
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M2RTY
Member
Registered: 25th May 01
User status: Offline
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thing is,
you can use a phone to write a text, not send it, but you ARE using the phone but as you did not send it there will be no record
so you could be technically done even if there was a long list from your provider that nothing was sent/recieved at the time you were caught
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pow
Premium Member
Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
User status: Offline
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You are in the wrong, but thats well off key
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richc
Member
Registered: 24th Mar 07
Location: Ilkeston
User status: Offline
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quote:
Originally posted by Nic Barnes
i cant afford to take the chance though scott the bubble. 3 points aint going to make shit all difference to my insurance. only issues is say i get another 9 points. bye bye job etc.
its wrong for so many reasons. i still think talking to a passenger is more dangerous than talking on a phone as your more likely to look at them etc. but hey, im the dangerous one i guess in the eyes of the law.
Imagine everywhere you went you couldnt speak to them!
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stan_the_man
Member
Registered: 14th Feb 07
Location: Perth, Western Australia
User status: Offline
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If you break down the wording used in this law, id would say that 'using' a mobile phone would be actually performing functions on the handset and using it for its intended purposes. You werent 'using' the phone. You were handling it. Same as any inanimate object (packet of fags, cd etc etc)
Worth contesting and i reckon they need to change the wording on the law of it.
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mattk
Member
Registered: 27th Feb 06
Location: St. Helens
User status: Offline
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the rule isnt about using the phone its acually touching it
if you have a bluetooth headset thingy in your ear, the fone rings and you have the fone in a cradle on the dash, if you touch the answer key insted of pressing the button on the headset they can do you.
Coppers are tossers but lake district coppers are the worst! everytime I go there they are allways out on the M6 with their camera vans
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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yeah i know the law is worded oddly and basically the police force can do anything they want to prosecute a motorist as its the most serious of crimes in the world.
in other news, whats the deal with the fella playing for conventry wearing a face mask? how bizare.
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sand-eel
Member
Registered: 15th Mar 07
Location: carluke/braidwood--IRNBRULAND
User status: Offline
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were you in the corsa or the vectra?
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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works van
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mattk
Member
Registered: 27th Feb 06
Location: St. Helens
User status: Offline
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Im betting he was in the works transit?
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stubbsy05
Member
Registered: 23rd Oct 02
User status: Offline
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I still drive whilst on the phone occasionly. Fuck the law
[Edited on 07-03-2009 by stubbsy05]
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mattk
Member
Registered: 27th Feb 06
Location: St. Helens
User status: Offline
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sand-eel
Member
Registered: 15th Mar 07
Location: carluke/braidwood--IRNBRULAND
User status: Offline
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quote:
Originally posted by Nic Barnes
works van
I was just thinking if you were in the corsa "oh boy racer blah blah"
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Deadude
Member
Registered: 30th Jun 07
Location: Spondon, Derby
User status: Offline
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if your arnt aloud to touch a phone while driving why can you smoke the law really does amaze me sometimes...
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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quote:
Originally posted by Deadude
if your arnt aloud to touch a phone while driving why can you smoke the law really does amaze me sometimes...
im not 100% you couldnt get done for smoking. depends i guess. i smoke and drive all the time.
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sand-eel
Member
Registered: 15th Mar 07
Location: carluke/braidwood--IRNBRULAND
User status: Offline
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You can't actually smoke and drive now legally.
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