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Drinking water and (careless?) driving..


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... Which is exactly why I asked the question, it's at the officers' discretion so I'm asking what forum folks' opinion is (if it were at their discretion).

 

They'd have to be a massive dick to try and give you a ticket just for taking a swig of a drink, and even then the CPS would refuse to prosecute it.

 

Obviously if you had both hands off the wheel, and were rummaging around in a bag to find the drink - in the meantime weaving all over the road. Then that would be something that would be prosecuted.

 

---------- Post added 26-07-2015 at 22:17 ----------

 

Haven't there been cases in the past of people charged for eating an apple whilst stationary, and having a drink whilst waiting at traffic lights?

 

Can you find a link to one??

One thats been to court and the person had been prosecuted??

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One thats been to court and the person had been prosecuted??

 

Most things are just a fixed penalty notice, no court case for that, even no insurance can be a fixed penalty of £300 and 6 penalty points.

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I think the above falls fairly into the realm of driving without due care and attention, holding a bulky object in one hand (apple) while negotiating a junction or turn. The helicopter being scrambled for aerial shots is a little overkill though! Hopefully it's a little media exaggeration and the helicopter was already in the air nearby.

http://news.bbc.co.uk/1/hi/uk/774655.stm

 

Unclear if this one went any further.

I'd be surprised if that case isn't dropped, I can't imagine an explanation they could come up with as to how a sip from a bottle in stationary traffic would be driving without due care and attention.

 

From the article;

"Linda Smart, 27, refused to pay an on-the-spot £20 fine for allegedly failing to be in charge of her vehicle."

 

 

"A spokesman for Wiltshire Police defended its officer's action, saying: "Our concern is for the safety of other road users.

If a police officer feels a driver is not in charge of their vehicle while it is moving, they will be stopped and advice or a ticket will be given."

 

It looks like common sense prevailed in the kitkat case though.

 

"Mrs Smart's case came a month after Hampshire Police fined a motorist for eating a chocolate bar at the wheel.

 

Kevin Storey, 33, was spotted munching a KitKat while driving on the M3 near Winchester.

 

He was issued with a £20 fixed penalty for not being in control of the vehicle.

 

But police later gave Mr Storey, from Grantham, Lincolnshire, a break, admitting the fine was "inappropriate" and would be quashed."

Edited by RootsBooster
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Most things are just a fixed penalty notice, no court case for that, even no insurance can be a fixed penalty of £300 and 6 penalty points.

 

They can issue the ticket, but you're free to challenge it in open court.

 

At which point the CPS has to decide on the chance of a realistic prosecution, if there's little evidence to back it up they will drop the ticket (especially for something so silly)

 

Holding an apple makes it dangerous to go around a corner?

 

Depends on how she was driving tho, if they have video of her weaving all over the road and not paying attention then it's possible.

The ridiculous waste of public money wasn't really called for though, you can bet that with the cost of the helicopter added in the case ran into the thousands.

 

No wonder the police were targeted for budget cuts :roll::roll::roll::roll::roll:

Edited by geared
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So presumably people who've lost a few fingers (through industrial accident or whatever) can't safely drive then?

 

(given that it's possible to hold an apple in just 2 or 3 fingers).

 

---------- Post added 27-07-2015 at 10:48 ----------

 

They can issue the ticket, but you're free to challenge it in open court.

 

At which point the CPS has to decide on the chance of a realistic prosecution, if there's little evidence to back it up they will drop the ticket (especially for something so silly)

 

 

 

Depends on how she was driving tho, if they have video of her weaving all over the road and not paying attention then it's possible.

 

Then the apple is irrelevant as they actually have evidence of careless driving.

 

That wasn't the case though (and hasn't been in any of the cases I've seen in the news where they've fined people for drinking/eating).

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So presumably people who've lost a few fingers (through industrial accident or whatever) can't safely drive then?

 

(given that it's possible to hold an apple in just 2 or 3 fingers).

 

Was she holding the whole apple in just 2 or 3 fingers?

I think that to hold an apple in just 2 or 3 fingers you would also have to use some of your palm. If you're using the remainder 1 or 2 fingers to hold the wheel, what are they pressing against? The apple? Given that to hold the wheel you usually have your fingers curled around, pressing the wheel into your palm.

Can you make fists with both hands around the steering wheel, while holding an apple?

 

If you only had 2 fingers left after an accident You would have to inform the DVLA, you would be assessed and possibly have to have the vehicle adapted (a spinner knob usually does the trick).

 

If you only had two fingers and very little of your palm I would imagine a spinner knob would almost certainly be required.

Edited by RootsBooster
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