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policewoman escapes prosecution

ProfilePosted byOptionsPost Date

Porkie_Pie

Porkie_Pie Report 19 Feb 2013 21:45

Death crash policewoman escapes prosecution for being on mobile phone... because it was on her lap

http://www.dailymail.co.uk/news/article-2278048/Collette-Carpenter-Death-crash-policewoman-escapes-prosecution-mobile-phone--lap.html#ixzz2LNqxF4Iu

One rule for them and another for the rest of us


Roy

eRRolSheep

eRRolSheep Report 19 Feb 2013 21:51

but it isn't an offence is it?

Porkie_Pie

Porkie_Pie Report 19 Feb 2013 22:04

To be honest, It's one of those areas that can be dodgy,

What the law says and what the police try to enforce are two different sides of the same coin,

If the police catch you with a mobil phone whilst driving even in your lap they will issue a fixed penalty fine,

If your involved in a RTA where their has been a fatality and the police find out you where on the phone whether hand held or hands free then you will be prosecuted for dangerous driving I no of one case where the driver who got 7 years for using a hands free fitted to his vehicle by his company

Roy

Bobtanian

Bobtanian Report 19 Feb 2013 22:25

and what about the collar mounted radio/phones they use while driving?
and the sat nav/camera screens on the dashboard?
was driving alongside a traffic car over the weekend, and I could see the screen that the camera was picking up.....

all their body armour,and "defence" tools/ ,cs gas,pepper spray, handcuffs, tazers ..........

would be WEAPONS if we were carrying them

TheBlackKnight

TheBlackKnight Report 19 Feb 2013 22:27

If you drive you're car on the roads you are in control of something that can kill another person, If you are on the phone while you drive the chances of you killing another person become higher. That said it should not matter who you are or what you do if you committ a crime you must be prepaired to do the time.

Joy Kentish Maid

Joy Kentish Maid Report 19 Feb 2013 22:34

http://www.bournemouthecho.co.uk/news/10232832.Fatal_accident_special_constable_resigns/

The decision not to prosecute Miss Carpenter angered Mr Bartholomew’s children James and Charlotte and his partner Lindsey Witcombe.

Speaking about the resignation, Lindsey said: “We are reassured to hear that Collette Carpenter has resigned from being a special constable with immediate effect.

“We understand her records will be marked and if there is any attempt in the future to gain entry into the force her dishonesty will be flagged up because she has fallen well short of the standards required to maintain public confidence.”


http://www.bournemouthecho.co.uk/archive/2013/02/14/Local+News+%28de_local_news%29/10227314.Inquest_hears_that_Police_Special_Constable_was_taking_call_in_car/

The Bournemouth inquest was told that Miss Carpenter, formerly of Colehill, initially denied using her phone during the journey when interviewed by police.

She later told officers she had briefly taken an incoming call before eventually admitting she had been in conversation for the entire journey with the mobile phone on loud speaker on her lap, the coroner was told.

The inquest heard details of the case were submitted to the Crown Prosecution Service which made a decision not to prosecute Miss Carpenter following the collision, which took place on the A31 Ferndown bypass on March 20 last year.

The inquest also heard Miss Carpenter had dished out six fixed penalties to drivers for using mobile phones during her time as a Special Constable.

Recording a verdict of accidental death, Mr Payne described her account of the incoming call as “total rubbish” and added: “She came up with misleading accounts of what happened.”

Miss Carpenter told him: “In the time of the first interview I just panicked and said what I said which I know is not the truth. I don’t know why I didn’t say about the phone. I was in shock, maybe I didn’t think it was relevant at the time. I was not distracted.”

But accident investigator PC John Hayward said: “The use of her mobile phone can only have been a distraction and has very likely contributed to her not seeing the motorcyclist.”


Porkie_Pie

Porkie_Pie Report 19 Feb 2013 22:35

Bob, I no where your coming from, I don't have all the answers but i will say it should not matter what device the police use they should not be talking on any device whilst driving, and emergency responders should be double manned to remove that danger

Police officers are not super human they have the same basic human equipment as everyone else why should they be exempt from any law

Roy

eRRolSheep

eRRolSheep Report 19 Feb 2013 22:36

It is not illegal unless you are holding it in your hand.
The law allows you to use hands free items whilst driving unless you are distracted and not in control of the vehicle.

Muffyxx

Muffyxx Report 19 Feb 2013 22:43

Isn't it a criminal offence to lie under caution?

eRRolSheep

eRRolSheep Report 19 Feb 2013 22:47

The original post said she escaped prosecution because the mobile phone was on her lap. That in itself is not an offence.
However, lying under caution is of course an offence - just ask Mr Huhne

Joy Kentish Maid

Joy Kentish Maid Report 19 Feb 2013 22:50

As in the local paper - the police wanted a prosecution; the CPS decided not to do so.

Porkie_Pie

Porkie_Pie Report 19 Feb 2013 22:52

Errol, As i said It's one of those areas that can be dodgy

The Regulation includes any "device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data".

It states that a "mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function". "interactive communication function" includes:

added
sending or receiving oral or written messages;
sending or receiving facsimile documents;
sending or receiving still or moving images; and
providing access to the internet

If it was in her lap she must have had contact with it at some point to answer the incoming call and put it on hands free



Roy

eRRolSheep

eRRolSheep Report 19 Feb 2013 22:55

Joy that is because it is not the role of the police to decide who is or is not guilty or deserving of prosecution.
The CPS look at each case individually and decide whether it is in the public interest to proceed with a prosecution for the Crown (hence the name). Part of their decision process includes evaluating whether a prosecution would be successful or not.

Porkie_Pie

Porkie_Pie Report 19 Feb 2013 23:19

Drivers should also note that the existing law requiring drivers to be in proper control of their vehicle, or careless or dangerous driving laws can be applied to driving while using a hands-free phone, if the police believe the nature of the driving warrants it.

from http://www.rospa.com/roadsafety/adviceandinformation/driving/mobilephoneswhiledriving/factsheet.aspx

Roy

LadyScozz

LadyScozz Report 20 Feb 2013 06:15

I've seen men driving while using a razor, either battery or plugged into the ciggie lighter outlet.

That should be illegal ~ and so should women (or men :-) ) putting on makeup while driving.

:-(