Should I report this to the police? [UK]

Should this be reported to local police?

  • Yes, but I myself would not make a report.

    Votes: 0 0.0%
  • Maybe, but I can't make my mind up just yet!

    Votes: 0 0.0%

  • Total voters
    15

Kip

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Quite brazen, 6 points just doesn't deter some folks! Just for the record, I did not wave or flash this guy out, I was simply leaving the junction clear as required by the highway code. If I was in a position to decide whether or not to let someone out of a junction and I saw they were on the phone, I definitely would not help them out.


So yeah, as title:

- Should I bother reporting this guy and risk either the police not being interested, or, they are interested and I have to go to court and give evidence, etc? I do believe you have to give full name and address so the other party knows who the accusation is coming from, which is fair enough, but, my wife worries about any possible repercussions of some dodgy looking stranger knowing where we live!

Or

- Do nothing, and hope that he gets caught by plod before he kills someone while being distracted by his phone while driving, which no doubt he will do again. He just pulled out of a car park and could have easily finished his phone call before starting the car up or ignored the call if he was already driving when someone else called him.

Poll at top if you want to vote without discussing, vote can be changed in case you change your mind.
 
Given the car he was driving I would be tempted to report it, however he didn't appear to do anything wrong other than use the phone and you don't really have proof that it was a phone and he can probably afford a lawyer and wouldn't even appear in court so I don't expect the police would be interested.

Might depend on which police force you have, no harm in asking if they are interested, and if they do use it then I suspect they would just want you to sign a statement rather than have to go to court.
 
From experience I can tell you that in the very unlikely event they were bothered considering no accident was caused you could be called to give evidence under oath, you need the whole unedited original footage on the sd card it was recorded on, to be kept aside and not used in case it is needed in court, he will argue it was a dictaphone which is NOT against the law, just stupid to use when pulling out of junction, the phone law is specific it is a two way telecommunications device, clearly a dictaphone isn't so no law broken, it could be challenged by the police that he was not in proper control again footage shows he was, one handed people also drive!!
I have been through all this as I use a dictaphone that is sometimes mistaken for mobile, but call log on phone, microphone on dash cam all show no two way comms so plod are happy, I only ever use it where not busy and car is auto as well, plod used to argue it was dangerous as took hand off wheel, I pointed out so does smoking a cigarette that burns at 900 C inches from your face!!
 
It is unfortunate that the footage doesn't show the device that well although it is slightly better in the original video as you can see a black rectangle. It was definitely a phone though, me and my wife saw that with our eyes clear as day. In the original video with audio, my wife actually says "he's on his phone" and this is picked up clearly. However, as has been said, actual proof would need to come from elsewhere ie. the video. Another option would be the police checking his phone log before he can wipe it or going through the mobile phone provider to get details of any calls made at that time, I assume they keep records? Perhaps video + phone log + two witness statements (myself and my wife) would be enough?

Another thought, and this could just be me as I've never used one, but why would you hold a dictaphone to your EAR? If I wanted to use a dictaphone while driving I'd get one that clips to my shirt or something.
 
Well to be honest, yes you should.

But we also have to be realistic about this, and the police dont really have the resources for something like this.
They do bust people like this, but it is when they feel like they have the time for it, and that's also okay cuz they are understaffed and our societies are morally degrading fast.
That is why i advocate every police station at least in larger town should have one or more phone cops that only do one thing and that's police rules regarding phone use while driving.
Of course those phone cops have to do something else if the poo hit the fan, but in day to day police work then they should be out busting phone junkies endangering us all and the people we care about.

i think a good tool against driving phone junkies would be on site confiscation of the devise and a fine, the fines alone dont cut at current levels, but i am sure if people have to get a new phone and loose all their penis photos and what not on the phone, then they might think twice next time the phone ring, or go beep when some "friend" posted a new picture of a cupcake.

If we dont like the police not having the resources needed, or do their job in vane as penalties for various crimes do not deter people from doing it again, well then we should focus on the people that make the laws that is the foundation of the polices work and our societies in general.
 
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Even a Dictaphone is illegal if it distracts you along with any other electronic device, however he doesn't appear very distracted, obviously had a lot of practice!

I don't think that checking his phone log is possible since it would need the time on the video to be proven accurate and while you may have GPS and know that it is accurate, it would be hard to get that through the courts, he could claim your clock was 1 minute out and he was in the car park.

However some of our police forces are taking an interest in videos like this where the owners of the video will sign a statement, no harm in asking.
 
I agree with others that the cops won't follow up with a video of what appears to be a phone in use. At best, a nice cop may follow up but will not get anywhere with this guy. We all see (and record) these egotistic people, and many drive BMW's.
 
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North Wales Police actually say they do want phone use videos:

Frequently Asked Questions (Click on the question for the answer)
I have footage on my device of someone on the telephone when driving. I would like it investigating. Will you take this on, if so what do I do? (Click for answer)

Yes. We are now in a position to fully support you and will take on the investigation. We have adapted our systems to ensure we have an efficient process. You need to fill in the Operation SNAP web form and then we will be in touch. The same goes for any other driving offence you wish to report that is supported by camera footage.
https://www.north-wales.police.uk/advice-and-support/safer-roads/operation-snap
 
So yeah, as title:

- Should I bother reporting this guy and risk either the police not being interested, or, they are interested and I have to go to court and give evidence, etc? I do believe you have to give full name and address so the other party knows who the accusation is coming from, which is fair enough, but, my wife worries about any possible repercussions of some dodgy looking stranger knowing where we live!

Or

- Do nothing, and hope that he gets caught by plod before he kills someone while being distracted by his phone while driving, which no doubt he will do again. He just pulled out of a car park and could have easily finished his phone call before starting the car up or ignored the call if he was already driving when someone else called him.

Unfortunately this is the sort of behaviour we see everyday on our roads. Not unusual to see someone walking down the pavement (on their phone), getting in their car and driving off while still on the phone. Meanwhile I'm thinking "why didn't you finish your call 1st?"

I wouldn't report it. I've been called as a witness regarding an RTA. The case went to court around a year after the event.

However for that year I'd no idea what was happening (if it was going to court or not, or if I'd be called as a witness). You're booking holidays and you've no idea if you'll need to cancel them to attend court. Also you can turn up at court, only to find the case gets postponed on the day itself, only to have to re-attend at a future date (scuppering other plans you may have).

When I attended the court, I was there for most of the day and was never called to give evidence. I felt my time was wasted.
 
Well just to see what happens you can turn the vid over to them. It's pretty clear that there are major differences in how each department might respond so at least them you will know what any future chances are with them. And post about that here so others will also know. It never hurts to try to do the right thing and you will never succeed unless you try ;)

Phil
 
I've gone with "not worth it"

Its something that should be reported but the majority of us know that our country just doesn't have the resources anymore to deal with phone-drivers/murderers/rapists anymore

The sentences also depend on the consequences too, so as said, unless he'd have mounted the pavement while on that phone, and killing over 10,000 people, he'll literally only get a warning, because he'd get his lawyer to say "please don't ban me I need my car for work to support my six kids", and he'll just get another 6 points to add to the 36 points he has already on his license
 
Well the British police have recently admitted they don't have the resources to deal with knife crime and acid attacks. They are desperately trying to persuade retired officers to come back to work. (At the same time planning to close down 50% of front offices where the public can go to report crimes or get help.)
Anything low-level (by their criteria, not ours) is going to become more and more ignored. The only time they will get interested in an event like this is when they conducting a campaign to highlight the offence to try to deter people.
 
bring back street justice
 
Tattletale-Kids.jpg
 
The time is coming when the cops will have means to forensically check a phone for usage quickly at the roadside, and will be done as commonly as the 'field sobriety tests' or breathalyzers. Not fast enough.
Yesterday I played a little mental game while driving through a suburban area, by counting how many of the cars that crossed in front of me at each red light were talking on phones. (Handheld)
It averaged 2 per intersection. (I've had 3-4 in a row at times)
 
I think the law has to adapt - again. The way smart phones are used is very different to the "old" days when people would take an occasional call. I still argue that talking on the phone is not very different to talking to a passenger. (Not that I do either of those!) But texting - or anything else involving visual contact with the phone and fine dexterity - is in a different league.

However dangerous you think holding one hand near your ear can be while driving, taking your eyes and brain off the road is far worse. It should be a separate, much more serious, offence.

Sent from my SM-G903F using Tapatalk
 
It varies with the driver.
I see people talking with passengers who wander all over the road, and it's common for the speed to vary.
The worst are the ones who have to face the passenger when talking, or use hands (Not for sign language) while talking.
(I have seen a distracted driver who turned out to be having a heated argument with a passenger........with sign language)

When I see a car ahead wandering in the lane I start guessing, drunk, texting, talking, senile, reading, messing with something in the front seat?
 
Anything is illegal to hold IF it DOES distract you to such an extent that it causes a hazzard, a dictaphone included, BUT in itself it is not illegal, the onus is on the police to prove you were not in control, PRIOR to the law being changed and worded as a "mobile" 2 way telecommunications device cases were thrown out of court as JP's rightly said seems in control to me he didn't crash, break the law, kept to speed limit etc, that is why the law was changed, common sense tells you when it can be used, my dictaphones mic is on the end if held to side of head like phone it will still pick up perfect.
You need to balance the probability of this even getting to court, bearing in mind to do so needs a NIP, notice of intended prosecution to be in the hands of the offender within 14 days from the offence, police don't work fast, then witnesses statements, in my vast experience this would not even get considered for court, and for on the spot fine to be issued it has to be done at the time and witnessed in person by a plod, yes an offence is defo commited but seriously who here could give footage say of a car speeding, do you really think it would get looked into ? Most Police forces deliberately "massage" offences these days for recording purposes to make it seem better, openly admitting burglaries won't even be investigated unless suspects still on scene, they simply do not have the resources of money or manpower, lesser things like this in the grand scale of things will be ignored.
Put another way since the mobile law was changed I have not seen a single case in court, where I am for 15-25 hours nearly every week, I saw loads of cases of not being in control due to mobile thrown out though!!
 
I still argue that talking on the phone is not very different to talking to a passenger.
Except that a passenger with any sense will shut up while you are negotiating a difficult junction or roundabout while the person on the phone hasn't got a clue what the situation is!

However the UK law on using mobile phones is not about making phone calls since phones are rarely used for that purpose these days, the law is simply about touching them while driving, even when they are on a mount.
The time is coming when the cops will have means to forensically check a phone for usage quickly at the roadside, and will be done as commonly as the 'field sobriety tests' or breathalyzers. Not fast enough.
I don't think mobile devices log when you touch them so it may be difficult for the cops to forensically check them? And we are actually allowed to use them, I use mine as a satnav, perfectly legal as long as I don't touch it while the engine is running.
Yesterday I played a little mental game while driving through a suburban area, by counting how many of the cars that crossed in front of me at each red light were talking on phones. (Handheld)
It averaged 2 per intersection. (I've had 3-4 in a row at times)
For most people, especially ones driving B$Ws, there is really no excuse to hand hold a phone since cars are fitted with hands free systems as standard these days!
 
The worst are the ones who have to face the passenger when talking

Yeah there dont need to be a phone in play for people to drive unsafe, i think there was plenty of that in the old days, and now it have just skyrocketed.
Also why i say i am not even sure if i dare to ride a bicycle now, even with out bicycle paths somewhat beside the road.

For most people, especially ones driving B$Ws, there is really no excuse to hand hold a phone since cars are fitted with hands free systems as standard these days!

Indeed no excuse for most as a hands free kit cost next to nothing or at least a fraction of the fine you will get.
 
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