Another driver spotted me holding my phone Options

[CicadaAccomplish...]

Hi guys,

Hopefully that fits into that category,

I was driving on the motorway (70mph with cruise control in middle lane as trucks were on the left lane) and was holding my phone in my right hand as I was in a messenger video call (with both hands on the wheel - handheld was connected in bluetooth) - I know, I'm an idiot, more on that later. Another car started to overtake me, (which I could see coming in my mirror and then sense with my peripherical vision) and cruised at my level and honked at me, I look on my right, guy is driving with one hand, and his left arm is straight pointing toward me with a phone. I ignore him as on the moment I don't quite understand what he wants, he drives off.

Later I realized that he was probably filming me because I was holding my phone in my hand. Maybe that this person was filming me - and given the fact his left arm was straight, he could argue that a passenger was filming. I read that people can upload video of evidence of careless driving (and that includes using/holding a phone in a car). What are my chances of actually receiving anything? Or was the guy simply trying to scare me (that worked)?

On the positive side, I now know a lot more about holding mobile phones while behind the wheel as I've been reading about it for the last 2 hours and will be anxious about it for the next few weeks waiting for a devastating fine that might never arrive.

Stay safe everyone,

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[Jlc]

We can't tell you either I'm afraid. But it's possible - there's no particular deadline to issue you paperwork other than 6 months to prosecute.

But if you were to hear then it would be probably be within a few weeks.

[The Rookie]

For info go and look at the operation snap web pages, its how people can submit videos

[CicadaAccomplish...]

For info go and look at the operation snap web pages, its how people can submit videos

I've looked into it but it's simply a form with a signed statement and a tool to upload a video.

[The Rookie]

It is, although they do tell you a little more about what happens after that.

[CicadaAccomplish...]

Aside of them saying they use this to help reduce risk taking and make road safer (which can mean a lot of things regarding the outcome), and that someone will review it, nothing more I'm afraid.

[speedfighter23]

Hi guys,

Hopefully that fits into that category,

I was driving on the motorway (70mph with cruise control in middle lane as trucks were on the left lane) and was holding my phone in my right hand as I was in a messenger video call (with both hands on the wheel - handheld was connected in bluetooth) - I know, I'm an idiot, more on that later. Another car started to overtake me, (which I could see coming in my mirror and then sense with my peripherical vision) and cruised at my level and honked at me, I look on my right, guy is driving with one hand, and his left arm is straight pointing toward me with a phone. I ignore him as on the moment I don't quite understand what he wants, he drives off.

Later I realized that he was probably filming me because I was holding my phone in my hand. Maybe that this person was filming me - and given the fact his left arm was straight, he could argue that a passenger was filming. I read that people can upload video of evidence of careless driving (and that includes using/holding a phone in a car). What are my chances of actually receiving anything? Or was the guy simply trying to scare me (that worked)?

On the positive side, I now know a lot more about holding mobile phones while behind the wheel as I've been reading about it for the last 2 hours and will be anxious about it for the next few weeks waiting for a devastating fine that might never arrive.

Stay safe everyone,

Wait, the driver themselves are breaking the law to catch you in the act? Good luck with that, see you in court! I guess if they charge you and you actually take it to court, they themselves will be charged!

[Suziboy]

I look on my right, guy is driving with one hand, and his left arm is straight pointing toward me with a phone.

If the guy did submit a video, wouldn't he be risking prosecution himself for holding a mobile device in one hand while overtaking in the outside lane? I would think (or at least hope) that the question of "how was this filmed?" might cross the mind of anyone viewing the video.

[666]

Hi guys,

Hopefully that fits into that category,

I was driving on the motorway (70mph with cruise control in middle lane as trucks were on the left lane) and was holding my phone in my right hand as I was in a messenger video call (with both hands on the wheel - handheld was connected in bluetooth) - I know, I'm an idiot, more on that later. Another car started to overtake me, (which I could see coming in my mirror and then sense with my peripherical vision) and cruised at my level and honked at me, I look on my right, guy is driving with one hand, and his left arm is straight pointing toward me with a phone. I ignore him as on the moment I don't quite understand what he wants, he drives off.

Later I realized that he was probably filming me because I was holding my phone in my hand. Maybe that this person was filming me - and given the fact his left arm was straight, he could argue that a passenger was filming. I read that people can upload video of evidence of careless driving (and that includes using/holding a phone in a car). What are my chances of actually receiving anything? Or was the guy simply trying to scare me (that worked)?

On the positive side, I now know a lot more about holding mobile phones while behind the wheel as I've been reading about it for the last 2 hours and will be anxious about it for the next few weeks waiting for a devastating fine that might never arrive.

Stay safe everyone,

Wait, the driver themselves are breaking the law to catch you in the act? Good luck with that, see you in court! I guess if they charge you and you actually take it to court, they themselves will be charged!

If the OP is charged it will be on the basis of video evidence, plus presumably a witness statement from the other driver.

To charge that driver, we only have the testimony of the OP (a self-confessed criminal).

[Slapdash]

If the guy overtaking was filming that isn't, of itself, an offence. It needs to be used for interactive communication.

This post has been edited by Slapdash: Tue, 15 Sep 2020 - 10:36

[666]

If the guy overtaking was filming that isn't, of itself, an offence. It needs to be used for interactive communication.

Careless (or even dangerous) driving.

[Slapdash]

If the guy overtaking was filming that isn't, of itself, an offence. It needs to be used for interactive communication.

Careless (or even dangerous) driving.

Not necessarily. Though it is possible.

[Jlc]

Whilst possibly true it doesn't afford the OP a defence.

[speedfighter23]

Whilst possibly true it doesn't afford the OP a defence.

Ok fine, but if it is a matter of "you take me down, I'll bring you down with me", and the OP goes to court if charged and asks how the evidence was created, then the person filming the 'crime' will very likely be in trouble themselves.

Of course most grasses think that they just have to give a video and all good, but if the OP gets changed and takes it to court then they will need to attend and they may be scared to do that given the risk of incrimination.

OP, I seriously doubt you'll be in trouble, but for sure let us know if you get an NIP.

This post has been edited by speedfighter23: Tue, 15 Sep 2020 - 12:43

[Jlc]

...then the person filming the 'crime' will very likely be in trouble themselves.

Not after 6 months they won't.

[big_mac]

On the positive side, I now know a lot more about holding mobile phones while behind the wheel as I've been reading about it for the last 2 hours

It is also (probably) illegal to make a video call while driving, regardless of whether the phone is held (and fairly obviously isn't very safe).
http://www.legislation.gov.uk/uksi/1986/10...lation/109/made

I imagine that it is the video that caught the attention of the other driver - people only normally make a fuss about drivers holding phones if they are cyclists with a youtube account...

[speedfighter23]

...then the person filming the 'crime' will very likely be in trouble themselves.

Not after 6 months they won't.

Can illegally filmed evidence be considered valid in a court of law?

[PASTMYBEST]

It's only illegal if the court finds it so and a defence of he took that illegally would not have the greatest credibility particularly if disputed

[cp8759]

...then the person filming the 'crime' will very likely be in trouble themselves.

Not after 6 months they won't.

Can illegally filmed evidence be considered valid in a court of law?

Of course it can. A court can exclude evidence, but this is normally this is because agents of the state have acted beyond their powers (like performing a search without statutory powers or a warrant).

There's been numerous cases where paedophiles have been burgled, the burglar has found images of child sexual abuse on the computer he was trying to steal, called the police and said "I was burgling this house and I've found this computer full of child porn, I'll be gone before you get here but the address is 11 pedo street". I've never heard of any of the sexual predators involved getting away with it because of how the evidence was found, on the contrary they tend to get rather lengthy sentences.

[Jlc]

It's the same argument often mentioned around mobile speed units being 'illegally parked'.