Beware - Watch out for this one!!

[The Dent Guy]

Just a quick word of warning to everyone out there, about what happened to me today.

I was driving past the police station in the centre of town today when i passed a copper (in an E class "jam sandwich" estate as it happens) waiting to pull out of the stations side entrance.

Within seconds they are behind me and flashing the blue lights.

After repeatedly asking me if i knew why i had been stopped (which i didn't) they asked me where my phone was. I answered "its in my pocket". Then they asked me to hand over my phone to them - which i did.

Then they commenced to read the riot act to me, stating that my phone will be confiscated and used as evidence. He insisted that he and his colleague saw me cupping my phone to my left ear, and couldn't believe that i had passed the front of their car in full open view of both of them, whilst breaking the law by using my phone.

Ok - now, firstly, i have bluetooth handsfree which i explained but they ignored, and secondly, i need my phone for business!!

Suffice to say i was desperate to prove my innocence, so by using the radio on my dash to dial orange on 150, i proved my phone was handsfree. But this wasn't swaying the policemans decision. They still insisted i was breaking the law because my hand was on my ear!!

Embarassing as it may seem, i had a sore patch (turned out to be a pimple) behind my ear which i had noticed moments before i passed the police station. Feeling like i was going to lose this battle of wills, i turned my head to show them the back of my ear - they agreed it looked slightly red - but it still wasn't enough.

Then i lifted the armrest to reveal my bluetooth device (the silver V2 SLR type) claiming that it costs £350 to buy so why would i NOT use it? Not even this would convince him.

The final piece of evidence i used to defend myself was, i said "ok then - check my incoming and outgoing call logs".

Miraculously he then claimed he had not intended to punish me this time and admitted he knew of bluetooth handfree but, didn't understand it and that i was free to carry on my way.

No apologies at all

As an afterthought, i could also have proven my innocence by handing my phone to the copper and asking that he make a call. Reason being, you simply can't use the handset whilst its connected to the car - cos it is locked to the car by remote sim access.

The moral of this story is.......

Always wash behind your ears and never touch your ears when you are near a policecar!!

 

[GregE240]

I'd report them for that.

 

[The Dent Guy]

I'd report them for that.

Yeah - thats what my other half said - but i didn't take a name or number off his shoulder - i was just glad to have my phone back (Nokia N73).......all my contacts in there.....private and business....plus my TomTom software!

 

[mattc]

and the Police wonder why they have a bad rep...does not matter how much good stuff they do....its the bad stuff that gets remembered.

Reminds me of the time i was arrested for robbery of a bus station depot -using a screwdriver!

the fact that I was at work (were I have access to all manner of firearms including a host of Section 5 goodies) with an Olympic champion was beyond them. Bailed twice ID, parade and then after 5 months the PC said "we've had a parade..nothing more we can do".....how about admit you were wrong you useless muppet? Consequently i would not cross the road to relieve myself over a burning one of them now. and yes; I realise this might upset some forum members but people react to the rubbish that is thrown at them.

 

[Brian WH]

Can work both ways though.

Many months ago I was using my mobile whilst standing at traffic lights, holding it up to my left ear and steering with my right. Suddenly spotted a police car coming the other way, who slowed because he had seen the phone I assume. Dropped the phone between my legs and then scratched my left ear as he drew level. He did a double take and drove off. Phew near miss.

So they don't all get it right.

 

[fredfloggle]

Can work both ways though.

Many months ago I was using my mobile whilst standing at traffic lights, holding it up to my left ear and steering with my right. Suddenly spotted a police car coming the other way, who slowed because he had seen the phone I assume. Dropped the phone between my legs and then scratched my left ear as he drew level. He did a double take and drove off. Phew near miss.

So they don't all get it right.

I'd have thought that the all singing and dancing waterproof CLS would have made the call for you ..
And someone wants the government to pay for car kits.....

 

[The Dent Guy]

Just a thought - had i lost my battle of proving my innocence at the roadside, could i have insisted that my phone wasn't confiscated?

After all - its the lifeblood of my business.

Surely the worst case scinario should have been they issue me with a fine and points and let me keep my phone?

But then i could have contested the whole issue with proof from my phone network (orange), that there was no activity at the time stated - good job i wasn't on a call with handsfree i guess.

 

[Brian WH]

I'd have thought that the all singing and dancing waterproof CLS would have made the call for you ..
And someone wants the government to pay for car kits.....

It wasn't in the CLS as it has a handsfree phone, and I also have bluetooth on my other phone.

 

[fredfloggle]

Just a thought - had i lost my battle of proving my innocence at the roadside, could i have insisted that my phone wasn't confiscated?

After all - its the lifeblood of my business.

Surely the worst case scinario should have been they issue me with a fine and points and let me keep my phone?

But then i could have contested the whole issue with proof from my phone network (orange), that there was no activity at the time stated - good job i wasn't on a call with handsfree i guess.

I'm not sure they have the power yet to do that:-

http://www.greenflag.com/news/press/release_0702_2.html

but in the 99.9% of cases where the person stopped is using the phone while driving then I think they should have the power to jump on the thing.

Your case is pretty unfortunate , seems most forces aren't that pro-active in policing this - let's face it if you are nicked for speeding by a camera you can't argue back , if you are stopped for using the phone then the policeman knows he is going to get 9 yards of excuses , denial or abuse or a combination of all of those.

 

[The Dent Guy]

Its even worse in London - I could have had my car confiscated!!

Read about it here http://www.thisislondon.co.uk/news/...+a+mobile...+and+lose+your+vehicle/article.do

Whats the world coming to??

 

[Rory]

I feel fairly ambivalent about people holding & talking on a mobile phone - the Police are allowed to do it with their radios, and if you can drive along scratching your ear, why can't you hold a phone - but I did a motorway journey with my daughter driving the other day, and I was astonished by how many people (mainly, but not all, youngish girls) were driving along the M6 and texting at the same time.

 

[Swiss Toni]

I feel fairly ambivalent about people holding & talking on a mobile phone - the Police are allowed to do it with their radios, and if you can drive along scratching your ear, why can't you hold a phone - but I did a motorway journey with my daughter driving the other day, and I was astonished by how many people (mainly, but not all, youngish girls) were driving along the M6 and texting at the same time.

 

[Swiss Toni]

Just a quick word of warning to everyone out there, about what happened to me today.

I was driving past the police station in the centre of town today when i passed a copper (in an E class "jam sandwich" estate as it happens) waiting to pull out of the stations side entrance.

Within seconds they are behind me and flashing the blue lights.

After repeatedly asking me if i knew why i had been stopped (which i didn't) they asked me where my phone was. I answered "its in my pocket". Then they asked me to hand over my phone to them - which i did.

Then they commenced to read the riot act to me, stating that my phone will be confiscated and used as evidence. He insisted that he and his colleague saw me cupping my phone to my left ear, and couldn't believe that i had passed the front of their car in full open view of both of them, whilst breaking the law by using my phone.

Ok - now, firstly, i have bluetooth handsfree which i explained but they ignored, and secondly, i need my phone for business!!

Suffice to say i was desperate to prove my innocence, so by using the radio on my dash to dial orange on 150, i proved my phone was handsfree. But this wasn't swaying the policemans decision. They still insisted i was breaking the law because my hand was on my ear!!

Embarassing as it may seem, i had a sore patch (turned out to be a pimple) behind my ear which i had noticed moments before i passed the police station. Feeling like i was going to lose this battle of wills, i turned my head to show them the back of my ear - they agreed it looked slightly red - but it still wasn't enough.

Then i lifted the armrest to reveal my bluetooth device (the silver V2 SLR type) claiming that it costs £350 to buy so why would i NOT use it? Not even this would convince him.

The final piece of evidence i used to defend myself was, i said "ok then - check my incoming and outgoing call logs".

Miraculously he then claimed he had not intended to punish me this time and admitted he knew of bluetooth handfree but, didn't understand it and that i was free to carry on my way.

No apologies at all

As an afterthought, i could also have proven my innocence by handing my phone to the copper and asking that he make a call. Reason being, you simply can't use the handset whilst its connected to the car - cos it is locked to the car by remote sim access.

The moral of this story is.......

Always wash behind your ears and never touch your ears when you are near a policecar!!

Sounds like they made a mistake.

 

[robert.saunders]

Not sure the Police radios are duplex?

 

[Carrotchomper]

Its even worse in London - I could have had my car confiscated!!

Read about it here http://www.thisislondon.co.uk/news/...+a+mobile...+and+lose+your+vehicle/article.do

Whats the world coming to??

That article's utter tripe! I suspect they got the wrong end of the stick, the only new seizure power introduced recently is that to seize uninsured vehicles, or those driven by unlicensed drivers. Not just for offences. Which is probably what the operation was aimed at.

Sloppy reporting!

 

[recycled]

well car owners will always get the book thrown at them.
Just to tell the other forum member who complained about the red light incident. hotchyboy.
All i would say is the festive season is here and christmas parties are needed.

the biggest offence you can commit now is driving a car.
imagine if you were alone at night in a dark street /
Ehm a big fine and i shall have your car thank you.

 

[gl boy]

nothing better to do i suppose

 

[Sp!ke]

Could they take the phone as evidence under PACE I wonder?

 

[Colin_b]

That article's utter tripe! I suspect they got the wrong end of the stick, the only new seizure power introduced recently is that to seize uninsured vehicles, or those driven by unlicensed drivers. Not just for offences. Which is probably what the operation was aimed at.

Sloppy reporting!

Not quite, I suspect - vehicles / drivers that don't appear on the database but are insured are fair game, it appears. The database is no better than 94.4% accurate (see 3rd link)

http://news.bbc.co.uk/1/hi/wales/north_west/6236934.stm

and the police response

http://www.north-wales.police.uk/en/news/latest.asp?ID=1049

Hansard

http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070711/halltext/70711h0005.htm

 

[IanA2]

Not quite, I suspect - vehicles / drivers that don't appear on the database but are insured are fair game, it appears. The database is no better than 94.4% accurate (see 3rd link)

http://news.bbc.co.uk/1/hi/wales/north_west/6236934.stm

and the police response

http://www.north-wales.police.uk/en/news/latest.asp?ID=1049

Hansard

http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070711/halltext/70711h0005.htm

Interesting....I wonder if it would be possible to take an action against the Ins Co who supplied the MIB with the incorrect data upon which the police acted. This could cover, for example, release fees, fines, etc and perhaps, depending on the circumstances, consequential loss and inconvenience etc. I suspect that would concentrate a few minds!!