Booked for using mobile while stationery

Joe_Horner

Spicy_McHaggis wrote: »

Well done, you posted a link I posted three days ago.

You really are at the cutting edge of the legal profession.

Err, no. I referenced two later cases (Alderton and McFadyen), one of which referred back to that case and further developed the test established by it. I also provided correct neutral citations for all of them, which you hadn't even for the one you waved around.

Do keep up at the back.

Incidentally, I didn't bother correcting you before but, as the "cutting edge of the legal profession", what was all that nonsense you kept spouting about "stated cases" earlier?

You do know that "stated cases" are an entirely different thing to precedents / case law don't you? If you're going to use legal terms at least know what they mean first

Car_54

Spicy_McHaggis wrote: »

I did consider that earlier, but have you considered as they are changing drivers then the vehicle is attended by a person licenced to drive it?

Good point.

akkers

As sated above you can only be booked for using a mobile device whilst 'driving' a vehicle. However, there is much confusion as to what constitutes 'driving'.
Some years ago, well before mobile offences came along, I came across laws that mentioned '...whilst being in charge of a vehicle'. The current law refers to 'driving' and not being in control of a vehicle.
So can you say that being in control of a vehicle constitutes 'driving'? If so then there is no way out for anyone.I mean you could be sat in the drivers seat without car keys and you are technically in control of the car (eg: you could let go of the handbrake). You could be sat in the passenger seat and be considered in control of the vehicle!
I have searched but not come across a definition of 'driving'.

Spicy_McHaggis

akkers wrote: »

As sated above you can only be booked for using a mobile device whilst 'driving' a vehicle. However, there is much confusion as to what constitutes 'driving'.
Some years ago, well before mobile offences came along, I came across laws that mentioned '...whilst being in charge of a vehicle'. The current law refers to 'driving' and not being in control of a vehicle.
So can you say that being in control of a vehicle constitutes 'driving'? If so then there is no way out for anyone.I mean you could be sat in the drivers seat without car keys and you are technically in control of the car (eg: you could let go of the handbrake). You could be sat in the passenger seat and be considered in control of the vehicle!
I have searched but not come across a definition of 'driving'.

No, in current law it's still an offence to be in charge of a vehicle if drunk/over the limit.

akkers

Just a aside; I saw one of these police TV programmes where a guy come back from a party with his friends to a car park where his car is parked. He senses that he is drunk and takes the sensible precaution of not driving home. So he goes and sleeps in the back of the car. Some hours later, cops wake him up and book him for being drunk and take him away. Now thats harsh!

Tilt

akkers wrote: »

Just a aside; I saw one of these police TV programmes where a guy come back from a party with his friends to a car park where his car is parked. He senses that he is drunk and takes the sensible precaution of not driving home. So he goes and sleeps in the back of the car. Some hours later, cops wake him up and book him for being drunk and take him away. Now thats harsh!

Totally agree but that's the law. You can actually be done by just standing near you car while in possession of the keys.

DUTR

akkers wrote: »

Just a aside; I saw one of these police TV programmes where a guy come back from a party with his friends to a car park where his car is parked. He senses that he is drunk and takes the sensible precaution of not driving home. So he goes and sleeps in the back of the car. Some hours later, cops wake him up and book him for being drunk and take him away. Now thats harsh!

I know that is correct from one of my JP friends, I was lead to beliee it was illegal to sleep in a car also, but not so apparently.
If the drunk guy sleeping in the car had left the keys elsewhere away from the vehicle then he may have been ok.

DoaM

DUTR wrote: »

If the drunk guy sleeping in the car had left the keys elsewhere away from the vehicle then he may have been ok.

But how would he have gotten into the car without the keys? (Without breaking and entering, for which he could be arrested anyway).

pendragon_arther

DoaM wrote: »

But how would he have gotten into the car without the keys? (Without breaking and entering, for which he could be arrested anyway).

Err, you unlock the car, place the keys outside somewhere, get into said car, lock from the inside and go to sleep.

DUTR

DoaM wrote: »

But how would he have gotten into the car without the keys? (Without breaking and entering, for which he could be arrested anyway).

Listen, don't shoot the messenger!, as said I was aware of sleeping in the car whilst over the legal limit and having the key with you is cause for trouble. I'm sure a b&b for the evening would have worked out cheaper all round.
On the radio at the moment they are rattling on about mobile phone use in petrol station forecourts, indeed we have never seen a forecourt go up in a plume from mobile use, or read stories of the metering in the dispenser being out for the same reasons, however I'm not even sure why they are wasting time debating the topic, the call can wait until after the forcourt visit surely?