Lampard escapes prosecution.

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T4tomo

Legendary Member
Looks like the Police don't seem to know the law. Imagine the number of people who paid up even though their phones were locked or doing something that is not covered by the Act.
very very few. There are pitifully few convictions for this offence as it is rarely enforced - possibly due to the difficulty of getting sufficient evidence to prove it in court....
 

Drago

Legendary Member
Stop glorifying the cyclist hating idiot by calling him Mr Loophole. There is little evidence that his success rate is any better than anyone else in this field, and keeping his name at large online and in the media serves only to keep him fresh in the minds of people that might want to hire him.

Phone in hand, coffee in other hand, check.

In charge of motor vehicle on a road or other public place, check.

Engine running, not parked up with engine off anf handbrake applied, check.

Not in proper control, case closed, take him down to the gallows.

I'd have sent that to court for not in control or maybe careless, neither of which need CPS approval for a charge. Of course the solicitor will threaten an appeal, because he then gets a second pay day at his clients expense! If people and organisations dug their heels and and stared bullies down then it wouldn't be long before we didn't have any more bullies - they only do it because they know the threats will work.

The CPS should be doing what is right, not what is convenient and easy. If it fails it fails, but with a halfway sharp prosecutor thats a shoo-in for the correct charge.
 

icowden

Veteran
Location
Surrey
The CPS should be doing what is right, not what is convenient and easy. If it fails it fails, but with a halfway sharp prosecutor thats a shoo-in for the correct charge.
Agree with @Drago 100%. Just because the charge of using a mobile phone can't be proven, there is a very clear case of not being in proper control of a motor vehicle.

I mean if a nursery nurse can get points and a fine for an apple - surely it must be worse if you have an item in both hands?:

https://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html
 

Drago

Legendary Member
Agree with @Drago 100%.

627202
 

Bonefish Blues

Banging donk
Location
52 Festive Road
The law has an issue when technology advances more rapidly than the law can keep pace. Always has. MP's aren't very savvy, for sure.

This area's geared up for the vast majority who will never challenge it, but challenge to the law means the law is better as a result - like the upcoming changes, necessitated because the original law was so poorly considered and drafted in the first place.
 
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Years ago a woman was fined for taking a drink whilst waiting at traffic lights . So how come he can get off with holding a drink in his hand whilst driving ?
Clown prosecution service and the Met ! :wacko:
 

icowden

Veteran
Location
Surrey
Years ago a woman was fined for taking a drink whilst waiting at traffic lights . So how come he can get off with holding a drink in his hand whilst driving ?
Clown prosecution service and the Met ! :wacko:
it's almost like there's one set of rules for "them" and...
 

icowden

Veteran
Location
Surrey
A Tesla driver was seen watching porn on his in car screen in a traffic jam in London.
https://metro.co.uk/2022/01/17/tesl...ght-watching-porn-on-console-screen-15932802/
The law should be reviewed to take into account the entertainment systems in cars now and close any 'get out of jail free' cards that sneaky lawyers can exploit.
The problem is that the law cannot keep pace with technology. This guy may have been watching adult content, but from the article it looks like his Tesla was in self drive in slow traffic, so the car was steering, accelerating and braking. The difficulty is balancing the need for driver attention with the developments in autopilot / self drive technology. At what point do you allow that the driver doesn't have to be concentrating?
 

Alex321

Veteran
Location
South Wales
Years ago a woman was fined for taking a drink whilst waiting at traffic lights . So how come he can get off with holding a drink in his hand whilst driving ?
Clown prosecution service and the Met ! :wacko:

IIRC, she was given a fixed penalty ticket, rather than the CPS deciding to go ahead with prosecution.
 

Alex321

Veteran
Location
South Wales
Yes - but we don't see Lampard getting a fixed penalty now that CPS have decided not to go ahead with prosecution...
Of course not. Nobody ever gets a fixed penalty at that point.

A fixed penalty is only available prior to anything being passed to the CPS. Once they are involved (whether proceeding to prosecute or not), a fixed penalty is no longer an option.

And generally, fixed penalty tickets are only given when either a copper catches you in the act and hands you one at the scene, or where official cameras have caught you.

I suspect there have been quite a number of such fixed penalty tickets handed out where people have paid (and then sometimes complained) but would probably have not been prosecuted if it had gone to CPS.
 
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