Not in proper control of vehicle

PasturesNew

powerful_Rogue wrote: »

Me: No, It was my vaping device

The rule is: what they THINK they saw is the only acceptable answer.... they HATE being wrong.

I was sitting in a side road with my elderly mum with me one day watching a small procession go past and I reached up to my neck and pulled my seatbelt away from my neck as it was chafing .... and a policeman shot over and accused me of not having it on and sneakily doing it up "when I saw him".... I ripped into him, he wasn't having it - and I wasn't backing down .... I won in the end, but they are very arrogant when they think they're in the right and you did what they think they saw.

Accusatory, arrogant, over-bearing, threatening.....

They used to be just "a bit jumped up and huffy and puffy", now they're nasty.

powerful_Rogue

martinthebandit wrote: »

I'm just so glad that all the serious crimes have been solved.

Funny you should mention that. Whilst sitting in the back of the police car, a call came through regarding domestic violence in progress. The dispatcher was trying to get the officers to attend as they were round the corner and the other nearest unit was 20 minutes away. This was after the had established I hadn't been using a mobile phone, but still took another 10 minutes writing up the incident.

powerful_Rogue

Billy_Bullocks wrote: »

The difference is you were holding something, that offence was used for mobile phones before a separate offence came in. Plenty were convicted for simply holding a phone.

A phone is different though. If your holding a phone the intention would be to use it, which would involve looking at the screen and possibly using your second hand to open apps etc.

As I said previously, I had my vaper between my legs. Without taking my eyes off the road I can reach down, have a couple of puffs and then put it back without even looking at it.

Car_54

kmb500 wrote: »

To be fair I don't believe "driving with one hand" is an offence of any sort. Its all about the context - if you're distracted because in your other hand is a phone, etc.


I agree they should not be able to charge you for anything without evidence - if you get a fine for parking, or speeding, or going in a bus lane, they always have evidence.


If they do fine you, and they provide no photos or anything, then I'm sure you can appeal it.

The officer's statement is evidence, easily enough to secure a conviction if the court believes it.

Altarf

kmb500 wrote: »

is it illegal to hold a cigarette? hold a sandwich?

Yes it is (apologies for the Wail links)-

http://www.dailymail.co.uk/news/article-441082/Driver-fined-eating-sandwich.html

http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html

And more context - http://www.standard.co.uk/news/drivers-who-smoke-at-the-wheel-to-be-hit-with-60-fine-and-three-penalty-points-6694062.html

Billy_Bullocks

powerful_Rogue wrote: »

A phone is different though. If your holding a phone the intention would be to use it, which would involve looking at the screen and possibly using your second hand to open apps etc.

As I said previously, I had my vaper between my legs. Without taking my eyes off the road I can reach down, have a couple of puffs and then put it back without even looking at it.

You're missing the point, no need to prove any future intention the mere act of holding it was enough. Can you grip the wheel properly when you're holding your vape?

powerful_Rogue

Altarf wrote: »

Yes it is (apologies for the Wail links)-

http://www.dailymail.co.uk/news/article-441082/Driver-fined-eating-sandwich.html

http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html

And more context - http://www.standard.co.uk/news/drivers-who-smoke-at-the-wheel-to-be-hit-with-60-fine-and-three-penalty-points-6694062.html

Interesting quote in the second article:

Chairman of the bench Ken Buck said: "We accept that there are times when you can drive with one hand, but, in holding an apple while negotiating a left hand turn, we consider you not to have been in full control.

"We are therefore satisfied beyond reasonable doubt that this case is proved."

powerful_Rogue

Billy_Bullocks wrote: »

You're missing the point, no need to prove any future intention the mere act of holding it was enough. Can you grip the wheel properly when you're holding your vape?

Absolutely

Billy_Bullocks

powerful_Rogue wrote: »

Funny you should mention that. Whilst sitting in the back of the police car, a call came through regarding domestic violence in progress. The dispatcher was trying to get the officers to attend as they were round the corner and the other nearest unit was 20 minutes away. This was after the had established I hadn't been using a mobile phone, but still took another 10 minutes writing up the incident.

You did them a favour then, saved them rushing off to a load of grief.

Billy_Bullocks

powerful_Rogue wrote: »

Absolutely

Well you just need to explain to the court that when holding it you can grip the wheel in the same way as you can with an empty hand and you'll win. Good luck.