06-01-2011, 11:50 AM
11
Re: Driver fined over £400
As I interprete things the fact that this chap was flashing his lights to warn motorists was obstruction and the offence which the police fined him for. Whether there were speeding motorists on the road or not is not the point. What if, instead, it had been a speed camera and he had got up and covered up the camera. That action too would be classed as obstruction and an offence, whether there were any speeding drivers involved or not.
06-01-2011, 02:17 PM
13
Re: Driver fined over £400
Originally Posted by plantman
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The police must start to again respect the law abiding majority and deal with such petty things with a little more common sense. Every prosecution of a normally law abiding citizen just chips away at the respect for our law enforcement. Without the mutual respect between the public and law enforcement the whole system is doomed to fail, we need one another for it to have any chance of continued success. Law enforcement should be for the people with the concensus of the people. They shouldn`t beat up the good guys!
06-01-2011, 03:36 PM
14
Re: Driver fined over £400
Originally Posted by MickB
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So, can the manufacturer of my SatNav, which warns of upcoming fixed speed cameras, be prosecuted for the same/or similar "offence"?????
Maybe they are acceptable because another person is not actually involved and, as you say, they can't fine a device. I seem to remember there was a lot of discussion about them when they came onto the market. I understand that devices like Road Angel are against the law in France.
06-01-2011, 04:03 PM
15
Re: Driver fined over £400
There was a High Court ruling on appeal about a similar case.http://www.bailii.org/ew/cases/EWHC/...2005/2333.html
06-01-2011, 05:00 PM
16
Re: Driver fined over £400
The very first case of police obstruction was taken out again the AA the motor cyclist used to warn drivers by waving their arm up and down that they were going too fast. This was stopped, so instead they would not salute an AA driver as they usually did, meaning that there was a policeman around07-01-2011, 06:44 AM
17
Re: Driver fined over £400
Well, that's one man who will never trust the police, or willingly help them in any way.Sure, he was technically at fault, but a bit of common sense on all sides would have helped.
Over zealous police officers, or anyone in authority for that matter, are a scourge on society.
07-01-2011, 09:41 AM
18
Re: Driver fined over £400
The covering of a speed camera is classed as wantful vandalism and is an offence which is prosecutable, it is not classed as obstruction of police doing their duty as there is no police involved.I have a speed camera detection device in my car which is legal, it is a Talex, google it.
Anyone can wander over the speed limit but this device tells you to reduce speed if you are in a speed camera zone, mobile of Fixed.
I have demonstrated it working to a policeman friend of ours and he went and bought one for himself.
I say again, this chap was stupid admitting the offence, he should have said he was flashing a friendly hello to aquiantances plus his solicitor was naive for not arguing that he was not obstructing, ie, standing in front of, the police officer. The police officer could have carried on doing what she was there for, leagally checking the speed of motorists, not there to issue summonds or fines, these were a addition IF, she saw someone speeding.
07-01-2011, 05:32 PM
19
Re: Driver fined over £400
Originally Posted by Aerolor
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or warning a person who has committed a crime so that he can escape detection (e.g. warning a speeding driver that there is a police trap ahead).
The driver flashing his lights towards another driver to warn of a speed trap is doing so because the other driver has not yet committed a crime. The law as you quoted is using the past tense, i.e committed the ed on the end makes it a past tense, not a future tense.
Suppose someone I know rings me up and when I tell him I'm just off into town he says "Don't go down Mill Road 'cos the Police are there with their radar gun"
At that point I have committed no crime I am not in the situation of escaping detection, at that point I have not been detected doing anything.
What you quoted is undoubtedly the law, but misinterpretation of the law by Police and lawyers is not uncommon (Especially by lawyers
) Sorry if you happen to be a lawyer.As you also said being lippy to Police Officer is never a good idea, they get so much of it from real criminals that I guess they tend to over react sometimes.
Just my thoughts, I am not a lawyer or anything to do with the law thank God
07-01-2011, 06:13 PM
20
Re: Driver fined over £400
I think it was silly too. I often shout 'slow down' (and wave my hands in the air lol) or flash my lights to people speeding.. regardless of whether there are any speed traps around or not. Why? Because I hate to see people doing 50+ in small streets, or driving what looks like to be a ridiculous speed for the road!Lets hope I don't get done for it!
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