Summoning to court for mobile use while driving

marlot

SuperAllyB wrote: »

In what way is a hands-free mobile call any more mentally distracting than having a conversation with passenger(s)?

There is huge amounts of evidence showing that it is. Some that it's even more dangerous than drink driving. Can't be bothered to regurgitate it here. When I'm on the motorbike, you can spot drivers on their phone quite some way off - they are slower to respond to events around them.

N9eav

Spicy_McHaggis wrote: »

You do realise motoring offences such as speeding and mobile phones are criminal offences, don't you?

They are a criminal offence because there is an act and statute, but what I am saying is they are not criminal convictions per se. They do not appear on a persons criminal record on the Police National Computer. They are held on the DVLA driving database.
There are a number of driving offences that do appear on a criminal record such as Drink drive, causing death or injury by driving, No insurance, docs etc. But speeding, parking, and most others offences dealt with by fixed penalty (with or without points) do not.


Therefore to caution a person for those offences is highly irregular as some carry points which should be added to a persons driving history.


I still suspect it was the Caution used before any interview takes place informing the motorist of their rights.

Spicy_McHaggis

N9eav wrote: »

They are a criminal offence because there is an act and statute, but what I am saying is they are not criminal convictions per se. They do not appear on a persons criminal record on the Police National Computer. They are held on the DVLA driving database.
There are a number of driving offences that do appear on a criminal record such as Drink drive, causing death or injury by driving, No insurance, docs etc. But speeding, parking, and most others offences dealt with by fixed penalty (with or without points) do not.


Therefore to caution a person for those offences is highly irregular as some carry points which should be added to a persons driving history.


I still suspect it was the Caution used before any interview takes place informing the motorist of their rights.

Convicted in court for speeding (a criminal offence) and you say it's not a criminal conviction. Guess again.

Driving without insurance, does that go on the PNC? No nor does no docs.
Causing injury while driving? Not an offence.

You are an example of being unducrted or having poor knowledge about such things. Stop guessing and giving it out as fact.

It's perfectly normal to caution for motoring offences.

Spicy_McHaggis

Richard53 wrote: »

Because they are in the car with you and can see what is happening. Your spouse at home, giving you endless grief for not kissing him/her goodbye that morning, has no idea that you are approaching a busy roundabout and might appreciate a moment's silence. Your passengers do.

That's a bit link saying the control room operator can't see what a police car is doing on the way to an incident or when in a pursuit, yet they still talk to the driver.

Oli.s

N9eav wrote: »

They are a criminal offence because there is an act and statute, but what I am saying is they are not criminal convictions per se. They do not appear on a persons criminal record on the Police National Computer. They are held on the DVLA driving database.
There are a number of driving offences that do appear on a criminal record such as Drink drive, causing death or injury by driving, No insurance, docs etc. But speeding, parking, and most others offences dealt with by fixed penalty (with or without points) do not.


Therefore to caution a person for those offences is highly irregular as some carry points which should be added to a persons driving history.


I still suspect it was the Caution used before any interview takes place informing the motorist of their rights.

Traffic offences are criminal offences, they are not (in the main) 'recordable' offences hence why generally they don't go on a persons criminal record via CRO which I think is what your trying to say.

This is a copy of the adult caution matrix used to calculate a course of action. Speeding is cautionable and is on the list, albeit the matrix states that the speed should be over that suitable for dealing with via fpn.

I didn't see mobile phone whilst driving on their but I suppose due care could be used.

http://www.kent.police.uk/about_us/policies/operational-partnership/documents/GRAVITY_FACTOR_MATRIX_FOR_ADULTS_Final_draft_April_2013.pdf

N9eav

Oli.s wrote: »

Traffic offences are criminal offences, they are not (in the main) 'recordable' offences hence why generally they don't go on a persons criminal record via CRO which I think is what your trying to say.

This is a copy of the adult caution matrix used to calculate a course of action. Speeding is cautionable and is on the list, albeit the matrix states that the speed should be over that suitable for dealing with via fpn.

I didn't see mobile phone whilst driving on their but I suppose due care could be used.

http://www.kent.police.uk/about_us/policies/operational-partnership/documents/GRAVITY_FACTOR_MATRIX_FOR_ADULTS_Final_draft_April_2013.pdf

Yes, I think that is what I was saying.


A lot depends on which Force deals with the matter. Some have polices and guidelines that stop certain disposals from being used.

N9eav

Spicy_McHaggis wrote: »

Causing injury while driving? Not an offence.

.

Causing serious injury by dangerous driving

Section 143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 created an offence of causing serious injury by dangerous driving by amending the RTA 1988 and inserting a new section 1A. This amendment came into force on 3 December 2012.
The offence is committed when the manner of the defendants driving is dangerous and results in another person suffering a serious physical injury.
Under Section 1A(2) of the RTA 1988 dangerous driving has the same meaning as set out in Section 1 of the RTA 1988 and "serious injury" is defined as "physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861".

Obviously we are talking serious injury

Spicy_McHaggis

N9eav wrote: »

Causing serious injury by dangerous driving

Section 143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 created an offence of causing serious injury by dangerous driving by amending the RTA 1988 and inserting a new section 1A. This amendment came into force on 3 December 2012.
The offence is committed when the manner of the defendants driving is dangerous and results in another person suffering a serious physical injury.
Under Section 1A(2) of the RTA 1988 dangerous driving has the same meaning as set out in Section 1 of the RTA 1988 and "serious injury" is defined as "physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861".

Obviously we are talking serious injury

Yes and the offence is dangerous driving, not causing the injury.

Stop clutching at straws.

N9eav

Spicy_McHaggis wrote: »

Yes and the offence is dangerous driving, not causing the injury.

Stop clutching at straws.

Mr Mc Haggis you are ill informed. That offence is about the injury caused by reason of the driving.


If you would like further proof of that come to court with me later this month and you will see the offence being prosectuted

brat

Spicy_McHaggis wrote: »

Yes and the offence is dangerous driving, not causing the injury.

Stop clutching at straws.

Here's an easy one for you Pepper.

What is the difference between the offence of "dangerous driving" and the offence of "causing serious injury by dangerous driving"? (Hint, the clue is in the names.)

What straw is he clutching at?