If I took a photo or video of a driver using their mobile can the police use this as evidence & prosecute?

Question

I am tired of drivers flaunting the law and driving using their telephones. Can this type of evidence that captures the driver and also the car reg (in the case of video) be used to stop some of these people from putting the rest of our lives in danger. If so how would we go about it and if not - is there something else we can do?

The person taking a video or photograph would not be the one driving the car.

Do I have to explain that!

Driving without due care and attention kills and wrecks lives. Is that not criminal!

Answer 1

At the risk of getting lots of thumbs down I am with you all the way on this one and have been tempted to do the same.
Off course it is always a question of the quality of evidence but with modern cameras, making sure you have correctly set the date / clock to record accurately, you have clear evidence of location, etc. you are perfectly competent to make a complaint and present your evidence to your local police station.
With the greatest of respect to serving officers, as an ex one, I know the limitations of your resources etc. And whilst we are on about it, what about the idiots who overtake on double white lines ( crossing the median to you in N America ) I take their number AND other vehicles present as I know my sole evidence is not good enough. And yes they have been prosecuted on the evidence I've provided. Why, because a driver licence is a privilege and I am not prepared to see those idiots risk the life of my friends, family or self.
Edit: Whilst I stand to be corrected, I can not yet find anything that says only a police officer can initiate a prosecution on the basis of 'found committing the offence'. If this were the case it is worth remembering that using a hand held phone is evidence of careless / dangerous driving which can be reported without the police witnessing it. It is also an offence for a person to be supervising a learner driver and use a hand held phone, it is also an offence for an employer to be permitting or requiring employees to use hand held phones and the company should have clear policies to prohibit it. I would contact the transport manager of a company, reporting their driver - at the first sign of any indifference from them I'd inform them the evidence would be presented to the police if I hadn't already done it. This island is just too crowded for us to be indifferent to the problems, accidents will happen but lets at least remove the obvious causes.

Answer 2

It may sound like a good idea but I would say not.

Most phones cameras/ videos are not of a good quality. Therefore identifying the offender could be the first issue.

Secondly it is far better to catch the offender with the phone. I ask to voluntarily be shown the incoming / outgoing calls and document the call in question. I obtain the phone number (after checking its validity) of the offenders phone and service provider. That way you can prove the offence by producing phone records if the person pleads not guilty. I also ask certain questions which I record on the ticket.

If the person refuses to give me the phone or details of the call in question I seize their mobile phone as evidence of the offence. It will be some months before they get it back. Nobody has ever refused to show me the details yet!

Leave these idiots to us because it is also a pet hate of mine too. I don't give warning I issue a ticket for 3 points and £60, without a problem. Everyone knows full well what the penalty is so cannot complain.

All I would say to you is that if you see someone on their mobile phone them give them extra room anticipating that they will react slower to any hazard. Also if you see someone cause an accident because they were on their phone then report this to the police as this will make the offence that of driving without due care and attention which attracts even more points (no sympathy whatsoever).

Answer 3

I'm afraid that it wouldn't help for a few reasons..

1, video quality would be an issue, could the offender be identified (The VIN would not be enough as the V5 keeper could say someone else was driving!)

2, The data protection act covers the use of video and the storing of images captured, you would need to check the legality of filming these people without consent.

3, The likelyhood of reprisals from the offenders would be high, most UK Police forces would discourage this type of pro-active stance on this reason alone.

4, How could you PROVE that the tape was not altered, adapted, or made before the law came into effect, the offenders lawyer would raise these issuses and try to shift blame onto you.. (Date stamping on the tape is a good way of preventing this however it can still be challenged as it can be added on a PC later!)

5, Is it worth the bother? These idiots will eventually be stopped by Police officers for this offence, you must rememeber that Police officers dont like attending RTA's and collecting body parts from the road-side..

although i agree that its a stupid practice i would advise you to let the Police deal with it, they are happy to stop poeple for this as it normally leads to other offences coming to light.. (The same way it normally does with the seatbelt law!)

Why not try going down to your local Police Station and asking them for a more pro-active stance on this issue?

Good Luck!

Answer 4

I can understand your frustration where drivers so intensely involved in cellphone conversations recklessly cause problems on the roadway and often times without realizing what they're doing!

It seems to me...without knowledge of where you observed the violation...there is a traffic code that prohibits cellphone use while driving. I would also guess the offense is either a violation or misdemeanor offense.

Many agencies will allow you to sign a complaint and warrant or ticket and let you produce your evidence to the court as the officer would. Because you took the video...you are the primary witness and not the police.

Answer 5

Well, it depends on what State you're in, some States allow driving and cell phone use.....on the contrary, taking video or photographs of someone using their cell phone and attempting to use the evidence against them may prove to be difficult. With todays technology, it is very easy to use editing techniques to create any video or picture you heart may desire. I say this because I've seen numerous Police Officers get their pictures thrown out of court for this reason, it depends on the judge, the type of crime and its seriousness......i don't think you could make it work......

Answer 6

Out of interest, I've always thought of putting a video camera on my dash because every day you'll see some pillock making a stupid move.

But at the end of the day, it's up to the Police to deal with all this and so many people will get away with it, no matter how annoying it is to you. And then when you go round the corner, you'll get snapped by the Camera Van !!

Answer 7

if truth be told i visit attempt to make it sparkling for you as between them i think of others have have been given it superb yet no longer succinctly. i visit be answering close to uk regulation. in the beginning the information of a police officer (or somebody else for that count number) asserting they have seen a driving force employing on a similar time as employing a telephone may well be provided to the courtroom. If the courtroom believes them then it is as much as the courtroom. precisely the comparable as though it have been a image, the courtroom nonetheless has to have faith that replaced into that person (the defendant) employing on a similar time as employing a telephone. it is stable information yet no longer had to acquire a conviction. Secondly, as to the call for to comprehend who replaced into employing. once you're a organization then you definately've an criminal duty in regulation to checklist who replaced into employing a particular vehicle at any given time for those proper circumstances (and for individuals failing to offer up for injuries). Failing to realize this can bring about a conviction for the administration of the organization. in spite of if it is a private vehicle then you definately are nonetheless obliged to grant the information of who replaced into the driving force on the time of the incident, else the registered keeper will get carry of three factors and a great, probably to comprise courtroom expenditures as nicely. in case you're suffering to remember then the letter would desire to contain the call of the line the place it replaced into believed to have exceeded off, if it would not touch them and ask for the region.

Answer 8

No. An officer must on-view the violation himself. I do not believe a photo or video would suffice.

Answer 9

It wouldn't have any impact at all, this is known as a 'found committing' offence and has to be witnessed by a police officer.

Answer 10

Well, when you and your friend cause an accident, trying to get your comical video shot, I hope someone has evidence to convict you too.......
I refuse to use my cell phone on the road..... It really pisses off my gf......... I also will not pull over...... So my friends know me, and they are understanding about it. Just NOT my gf......