CityCyclingEdinburgh Forum » Cycling News

Use of Phone whilst Driving: The Evidence

(5 posts)

  1. 559
    Member

    Apologies in advance, if this has been asked or explained previously.

    Has anyone spoke to Police Scotland or the Procurator Fiscal to either get or establish guidelines on how much evidence is required that could then facilitate a successful prosecution.

    Posted 10 years ago #
  2. Dave
    Member

    I had a video of a driver waving his phone under my nose while he talked at length to me through the window (in a queue of traffic). After it was featured in the Evening News, it was sufficient for a couple of policemen to go and find the driver and "advise him" that this is naughty, but no actual action was taken.

    Makes me think that the standard for prosecution or a fixed penalty is incredibly high.

    Posted 10 years ago #
  3. firedfromthecircus
    Member

    I was told by the policeman that I reported an incident to that 2 police officers have to see the person actually talk into the handheld phone or actually type on it. Holding it is not enough, and one officers word is not enough. Seems this has come about by an early charge being contested in court.

    It has now become one of those ridiculous laws that brings other road traffic laws into disrepute by being completely unenforced. The people I see are brazen about it.

    Posted 10 years ago #
  4. Snowy
    Member

    Way out of my zone here but I think it's the corroboration that's the important thing in Scotland - so I would have thought that one policeman plus a witness, or indeed any 2 independent witnesses, supported perhaps by phone records, would be enough for a prosecution...? Legal eagles can perhaps comment...

    Posted 10 years ago #
  5. Greenroofer
    Member

    It's possible that two witnesses were available for each of these offences (and it's English law too), but interesting and swift approach. Also a good bit of PR...
    http://www.bbc.co.uk/news/uk-england-coventry-warwickshire-30427592

    Posted 10 years ago #

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