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UK cab trade debate and advice
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PostPosted: Tue May 19, 2020 6:09 pm 
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Joined: Wed May 16, 2012 6:33 am
Posts: 5898
Sussex wrote:
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Not really sue about the practicalities of all this, but I'm guessing that it's a bad idea to mention the phone at all. Instead, should focus on the having proper control of the vehicle stuff? Ie concentrate on the very low speed, lack of pedestrian access, that no affect on ability to stop etc.

The police have mentioned the phone, so Mr Taxi Driver has to give a defence to it.

Not sure if I expressed myself clearly enough, but perhaps I mean in terms of emphasis?

I mean, no need to say: "I was using my phone in one hand with the engine off whilst in the queue."

Instead, concentrate on the very low speed, very short distance travelled, lack of pedestrians in area, did not impinge on visibility to spot any hazard, blah, blah.

If you're replying to a 'I'm pleading not guilty because' style of question, then presumably you can do that with no or very little mention of the phone itself?

Just seems to take away the emphasis on the phone towards why there was no real hazard involved :idea:


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PostPosted: Tue May 19, 2020 8:36 pm 
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Thank you both: I’ll tweak and send off and see what happens.

Thank you for all your help.

Nikki


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PostPosted: Tue May 19, 2020 8:55 pm 
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BladeS1 wrote:
Thank you both: I’ll tweak and send off and see what happens.

Thank you for all your help.

Nikki

Was going to have a look later on, but I'm sure there's a ton of stuff that could be of use if you just Google 'not having proper control of vehicle', or similar.

But saw this last night, which might give a flavour of some of the arguments. It kind of looks like it wouldn't cover just having a phone in the hand or eating food, say, but would need to show more evidence that driver not in proper control:

Auriga Advocates wrote:
How would the prosecution prove you not in proper control?

The prosecution would have to prove beyond all reasonable doubt that you were not in a position to be in proper control of your vehicle or you did not have a full view of the road ahead.

The police will normally issue fixed penalties as they are usually not disputed. Clients have told us that the police have told them it is an offence to eat something whilst driving, this is not the case. It is all a question of degree in each case. As there is no definition it is each case on its merits and success will depend on the quality of your representation, which is why you should instruct a specialist solicitor.

In our view the prosecution should show that you could not have been in proper control which is extremely difficult to prove unless there was evidence of weaving or swerving or near collision.

Police officers will often use this offence if they have stopped you for using a mobile phone when in fact they cannot prove that you were using the phone but can show you had it in your hand.


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PostPosted: Wed May 20, 2020 6:00 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
It's also worth pointing out that the courts are currently months behind on trials, and the CPS are being asked to review cases in an effort to reduce the backlog.

Basically a polite way of saying thin out prosecutions that really shouldn't be before the courts.

Maybe, and who knows, this is the kind of case that the CPS will drop.

In short is it really in the public interest to prosecute Mr Taxi Driver based on what we have heard on this thread? :-k

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