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Filmed using mobile phone by neighbour
Flower123
post Thu, 22 Aug 2019 - 18:37
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Hey everyone this is my first post.
I was parked outside my home with the engine running whilst I was sorting out the google maps on my phone to go somewhere. Once I put the phone its cradle I looked up and noticed a neighbour filming me whilst shaking his head. The footage would clearly show me and my number plate if sent to the police. The footage was taken from inside my neighbours home. Im a new driver so is there anyway I would get 6 points for this? Pls help
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post Thu, 22 Aug 2019 - 18:37
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cp8759
post Thu, 22 Aug 2019 - 18:55
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In Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin) the High Court decided it's only an offence if you're using the phone for the purposes of interactive communication. Using your phone for a non-interactive communication function is not an offence, see https://www.bailii.org/ew/cases/EWHC/Admin/2019/2044.html

You don't need to prove what you were using your phone for, you don't need to prove anything at all. It would be for the police to adduce positive evidence that you were using your phone for an interactive communication purpose, which I would suggest they can't do based on what you've said.


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Flower123
post Thu, 22 Aug 2019 - 19:00
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I read somewhere that even holding a mobile phone that isn't even switched on can be a six point offence? Is this not the case? If the police do send a NIP can i contest this? Thank you for responding
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southpaw82
post Thu, 22 Aug 2019 - 19:10
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:00) *
I read somewhere that even holding a mobile phone that isn't even switched on can be a six point offence? Is this not the case? If the police do send a NIP can i contest this? Thank you for responding

Do you think he’s lying?


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Flower123
post Thu, 22 Aug 2019 - 19:16
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That who's lying? My neighbour?
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southpaw82
post Thu, 22 Aug 2019 - 19:19
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:16) *
That who's lying? My neighbour?

No but do you?

Coming here for advice and saying β€œbut I read on the internet...” is a waste of time by the way.


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Flower123
post Thu, 22 Aug 2019 - 19:23
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Sorry I understand I am just worried about losing my license. So if the police can't prove I was using my phone for interaction purposes am I in the clear?
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southpaw82
post Thu, 22 Aug 2019 - 19:30
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:23) *
Sorry I understand I am just worried about losing my license. So if the police can't prove I was using my phone for interaction purposes am I in the clear?

That would seem to be the current state of the law, yes.


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Flower123
post Thu, 22 Aug 2019 - 19:36
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Ok thank you. Also is the footage my neighbour took of me legal evidence? Is it legal to record someone without their permission?
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southpaw82
post Thu, 22 Aug 2019 - 19:47
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 20:36) *
Ok thank you. Also is the footage my neighbour took of me legal evidence? Is it legal to record someone without their permission?

Generally, yes.


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The Slithy Tove
post Thu, 22 Aug 2019 - 20:29
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 19:37) *
I was parked outside my home with the engine running whilst I was sorting out the google maps on my phone to go somewhere.

I would contend that you were not "driving" at the time, as you were parked up. Therefore no offence would have been committed.
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Flower123
post Thu, 22 Aug 2019 - 21:12
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Thanks. Have people been able to use being stationary as a valid defence?
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stamfordman
post Thu, 22 Aug 2019 - 21:48
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 19:37) *
I was parked outside my home with the engine running



He might have been cross about your engine.
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Flower123
post Thu, 22 Aug 2019 - 22:04
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I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on πŸ˜–
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PASTMYBEST
post Fri, 23 Aug 2019 - 00:08
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 23:04) *
I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on πŸ˜–


Being stationary is no defence not using for an interactive service is


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Redivi
post Fri, 23 Aug 2019 - 00:25
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Being stationary in traffic is an offence and specifically mentioned in the briefing notes to Parliament
The briefing notes also say that it may be permissible to use the phone if stuck in traffic for a long time that is not going to move

"Driving" isn't absolutely defined in legislation and is considered case-by-case
In my view, a car parked up in neutral with the handbrake on, even with the engine running, shouldn't be regarded as driving within the intention of this particular legislation

Unlike a car in traffic, the decision when to move again is entirely under the control of the driver who, it can be assumed, will first terminate the call
The use of the phone doesn't have any safety implications

This post has been edited by Redivi: Fri, 23 Aug 2019 - 08:49
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666
post Fri, 23 Aug 2019 - 06:53
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QUOTE (Flower123 @ Thu, 22 Aug 2019 - 23:04) *
I doubt that I was only sat for a few minutes before I set off. I think he mustve started recording as soon as he heard the engine switch on πŸ˜–

Maybe he was looking to report you for the offence of running the engine while stationary, rather than the mobile phone use. Or perhaps both.
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mike5100
post Fri, 23 Aug 2019 - 07:26
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QUOTE (Redivi @ Fri, 23 Aug 2019 - 01:25) *
Being stationary in traffic is not an offence and specifically mentioned in the briefing notes to Parliament
The briefing notes also say that it may be permissible to use the phone if stuck in traffic for a long time that is not going to move

"Driving" isn't absolutely defined in legislation and is considered case-by-case
In my view, a car parked up in neutral with the handbrake on, even with the engine running, shouldn't be regarded as driving within the intention of this particular legislation

Unlike a car in traffic, the decision when to move again is entirely under the control of the driver who, it can be assumed, will first terminate the call
The use of the phone doesn't have any safety implications

Yes - from this and other posts pulling over, parking switching the engine off and then taking or making the call seems to be in order. But do others find that people pull over to do this in the stupidest of places with little consideration for other drivers?
Mike
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Korting
post Fri, 23 Aug 2019 - 08:52
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I understood that that if the engine is running whilst parked, then an offence is committed.

But what if its an electric car?
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666
post Fri, 23 Aug 2019 - 09:19
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QUOTE (Korting @ Fri, 23 Aug 2019 - 09:52) *
I understood that that if the engine is running whilst parked, then an offence is committed.

But what if its an electric car?

In an electric car the motor does not run when stationary.
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