How do you think the police can prove someone was on their hands free/mobile?

Question

What powers do you think the police have, or should have, to check on whether drivers are telling the truth?

Answer 1

there was a case a couple of years ago (UK) where a truck slammed into the back of a staionary car. It was a fatal accident. The police used the phone company computers to prove that the truck driver had been poncing about, making stupid text messages to his girlfriend in the seconds before the crash.

Answer 2

The police must use whatever powers they need to prove that people were on their mobiles at the time of an accident, I drive trucks for a living and I'm sick of arrogant prats who think that the law does not apply to them. The last 5 phones I've had ALL came with a hands-free, so there's NO EXCUSE for using a hand-held, it's time the police did what was required of them & took these idiots off the road. Any chance of someone inventing Idiot cameras to go with speed cameras? I get fed up with having to avoid stupid people who belive that road signs, lanes, indicators etc do not apply to them....

Reply to Mick B, I agree that, as motorists, we're squeezed until the pips squeak, but for once I think that a large fine, plus suspension of the license, and public flogging are well in order, it's really about time these arrogant prats are shown that they DON'T know better, I know that mobiles aren't the only dangers on the roads, but at the moment, they're by far the most prevalent.

Answer 3

Police often video the offence of using mobiles without handsfree and show it to the offender. Caution or charging for the offence then follows. In the UK using approved type Handsfree devices is legal, all other things being equal.

(Other offences may be more appropriate, subject to the police and prosecution service analysis.)

For those using no hands-free/no video evidence:
More than 1 cops statement should be sufficient to get conviction. Or other witnesses, eg. passersby.

As for checking mobile phone company records. Someone could swallow or 'lose' a Pay As You Go Simcard, not registered to them, and the police would never have any call logs to review. Driver could switch a blank spare Simcard into the phone, whilst pulling over. Call record traces done for the replacement Sim card and hey presto, driver looks to be innocent.

Your question
'What powers do you think the police have, or should have, to check on whether drivers are telling the truth?'

Until truth serum/mind control etc is legalised in the UK, there's gonna be little to do to 'reveal' the truthfulness or otherwise of many people's statements. I don't like the concept of a big brother type society and total surveillance of the public concerns me.

Answer 4

I don't know about the UK or Ireland, but here in California, they don't have to prove it. They just issue you the ticket knowing that most people won't fight it and pay the damn fine and go to "Driver's School" to make sure it doesn't stay on your record. By the way, why should the police have to prove that someone was ON a hands free mobile phone? I'd think that the infraction should be that someone was NOT on a hands free phone, unless where you live, people are not allowed to be on the phone while driving, hands free or not.

Answer 5

woooooah
the police only have power of assumption. if they physically see you using a mobile device then you are going to get done but the most important thing is maybe the police should not be using their touch screen in-car units or their radio-phone's but as usual the police are above uk traffic law. using a hands free device is the best of a bad evil. however like i have previously said where do we draw the line. radios, sat-nav's, talking to your passenger are all distractions so what do we do, single seater cars?
as an hgv driver i use a hands free mobile phone with a bluetooth headset. what is wrong with that. if i wish to send a txt i will stop my truck is a safe space to send it. so there we have it. a draconian goverment that has encouraged a health and safety state where childgren can no longer play conkers and you can be done for driving without due care and attention if you crash whilst sneezing.......

Answer 6

Like Toontaxid and Will point out, I too thought hands free use was legal. I work for a large company and all drivers have hands free car kits fitted. We have to take calls while "on the run" all day. If we had to stop every time the phone went we would never get to where we were going, let alone back again! I'm sure such a large company would not allow employees to knowingly break the law!

Answer 7

I don't know what powers they do have, but my opinion is that they should have powers to look at phone company records only if mobile phone use is suspected in addition to a suspicion of driving dangerously. I believe that in most cases it is quite safe to use a hand-held mobile phone when driving as long as you take sensible precautions such as keeping a good distance behind the car in front, and slowing down when passing parked cars or junctions where other traffic may interfere.
Using testimony from mobile phone companies or police officer witnesses to prosecute drivers who are driving safely according to the above definition does, in my opinion add little to road safety, cause a lot of wasted money and paperwork, and alot of inconvenience, fines, and points to the drivers concerned.

Answer 8

The police can request a copy of a bill, and provide detailed log of all calls made and received to prove that a mobile was used while driving. But the driver will probably try to erase records on their phone log.

Answer 9

Since the beginning of the motor car the weight of evidence rests with the accused to prove that he has been falsely prosecuted. If. for example, a police officer saw you pass and estimated you were speeding he could prosecute. It is up you you in most instances to disprove their testimony Also, as has been mentioned above, the police can easily ask for evidence from your phone company to see if the phone was in use at the time. If though, it was hands free under current law they have no case but - can you prove it?

Answer 10

Mobile phone records can be used by police in evidence. They will be supplied by the phone comapnies & not only can they show call details they can also give a very accurate idea of where the phone was geographically when the call was made within about 50 metres.

If you lie to the police about whether you were using your phone your lies will catch you out & you could end up facing a charge of attempting to pervert the course of justice!

Answer 11

Clearing the phone logs and switching simcards will generally do the trick.But i wouldn't worry to much as most police cars i've seen on the road seem to take no notice of people using their phones.The other day i was at a set of traffic lights and saw a driver on his phone with a police car next to him.They didn't do anything which i think is a good thing as lets face it you are not exactly a master criminal using your phone are you.They should spend their time cathing real crooks like rapists and murderers not the already bullied car driver.