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Eating or Drinking whilst driving


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13 replies to this topic

#1 scottyk

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Posted 27 January 2008 - 08:37 PM

Is eating or drinking when driving an offence? If so, what does it come under and what are the consequences.

I do it all the time.

#2 MissT

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Posted 27 January 2008 - 08:58 PM

Nope!

So far as i'm aware it is possibly a recommendation of the highway code as with smoking, but not illegal.

#3 Molloy

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Posted 27 January 2008 - 09:44 PM

Nope!

So far as i'm aware it is possibly a recommendation of the highway code as with smoking, but not illegal.


It can come under driving without due care and attention in some circumstances. However, in and of itself, it is not illegal.

#4 MissT

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Posted 27 January 2008 - 09:52 PM

Can it?

Having just charged someone for that very offence it was alot harder to statement than someone eating a sandwich! To prove driving without due care, for me anyways and under the guidance of a traffic officer was a blummin nightmare even though the guy narrowly missed ploughing into me and a colleague driving through a no entry zone, head on!

#5 grobson

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Posted 27 January 2008 - 11:13 PM

Not in proper control of a vehicle. Easier to prove than careless, inconsiderate. Example's are eating, drinking whilst drivng, reading a map whislt driving etc... £60 fine and 3 points.

Edited by grobson, 27 January 2008 - 11:14 PM.


#6 M.I.A

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Posted 28 January 2008 - 12:10 AM

Not in proper control of a vehicle. Easier to prove than careless, inconsiderate. Example's are eating, drinking whilst drivng, reading a map whislt driving etc... £60 fine and 3 points.


agreed!

#7 explodJP

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Posted 28 January 2008 - 09:10 AM

MissT I cant see what difficulties you would have with due care in view of the offences committed by that driver, and your colleague corroborating :what: :innocent:

#8 marralass

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Posted 28 January 2008 - 11:04 AM

The only time I eat, drink, or read a map whilst driving is if I'm stopped at traffic lights or in traffic and I can clearly see that I'm not going to be moving for a minute or so. I put the handbrake on then take a drink of water/juice, or put a sweetie in my mouth or check the map.
Is that an offence?

#9 crichten

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Posted 28 January 2008 - 11:24 AM

I'm sure there is already a post on this one, either way...

It is NOT illegal to 'eat/draink/read/have sex/dance/play twister, Whislt driving....

However is IS ILLEGAL to do anything which affects your driving, in the first there is not in proper control of a motorvehicle (Right hand on blue, left hand on yellow makes me think not in proper control, yet no specific word of law states you cant play twister).

If you are driving REALLLY badly then there is driving without due care and attention and dangerous/reckless driving..... paying to much attention to the missus doing naughty things in the passenger seat whilst your driving (driving seat if you really are daring is a good way to drive without due care for the road.)

#10 MissT

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Posted 28 January 2008 - 06:28 PM

MissT I cant see what difficulties you would have with due care in view of the offences committed by that driver, and your colleague corroborating :what: :innocent:


Good for you! :mellow:

As previously mentioned I sought advice from a traffic officer, since I do not deal with ALL traffic issues on a daily basis; basically because I'm not part of the RPU.

Proving the offence wasn't a problem and I don't recall saying that it was. I merely stated that evidencing the incident in statement form was. I had to go back to the scene, look at highway furniture to include all road signs, distance in relation to us and him etc etc. Statement also to include a sketch plan.

Providing evidence in relation to the offence doesn't just mean you write in statement the crooks of what happened, there's alot more to it, as I found out!

He also failed to provide, so bonus!

#11 grobson

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Posted 28 January 2008 - 07:31 PM

Can it?

Having just charged someone for that very offence it was alot harder to statement than someone eating a sandwich! To prove driving without due care, for me anyways and under the guidance of a traffic officer was a blummin nightmare even though the guy narrowly missed ploughing into me and a colleague driving through a no entry zone, head on!


Did you interview the driver at the time of the incident. I would say that this wouldn't be too hard to prove for careless driving. Although the easier to prove offence would have been Contravene No Entry sign.

#12 MissT

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Posted 28 January 2008 - 07:35 PM

Did you interview the driver at the time of the incident. I would say that this wouldn't be too hard to prove for careless driving. Although the easier to prove offence would have been Contravene No Entry sign.


No, traffic came and took over as my colleague and I were already involved in a separate issue that required immediate attention! The guy was arrested by traffic for providing a positive breath test following contravening the no entry sign and nearly writing us off.

I DIDN'T, AND HAVE NEVER SAID IT WAS HARD TO PROVE ONLY IN TERMS OF STATEMENTING AND THE EVIDENCE REQUIRED THEREIN!!! Read above! :wacko:

#13 grobson

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Posted 28 January 2008 - 10:05 PM

Sorry, didn't see the above post, it would have been dropped for Careless as he didn't have an accident. The contravening the no entry sign would have been an aggravating factor for the OVPL. CPS will only charge with Careless and OVPL if an accident occurs.

My statement would be along the lines of this;

At 9.45pm on Monday 28th January 2008 I was on uniformed mobile patrol in a marked police Volvo S60 patrol car, in the east end of Newcastle Upon Tyne. At this time I was travelling in a southerly direction along Crawhall Road, Newcastle upon Tyne.

Crawhall Road is a one way street, repairable at public expense, with traffic only allowed to travel in a southerly direction. At the bottom of the road, the T-junction with City Road, there are two legally erected NO ENTRY signs on either side of the carriageway. These signs are free from obstruction and clearly visible.

As I neared the bottom of Crawhall Road a blue coloured Renault Megane motor car, registration number Y123 ABC, turned right from City Road and drove through the NO ENTRY signs onto Crawhall Road and head on with myself. In order to avoid a collision I had to take immediate evasive action and swerved sharply to the left in order to avoid a collision. As the Renalut Megane passed through the NO ENTRY sign I was approximately 10 metres from the vehicle.

The Renault Megane drove straight past me and continued up Crawhall Road the wrong way. I turned my patrol car round and caused the vehicle to stop. Upon stopping the vehicle and I spoke to the driver, owner and only occupant of the vehicle Joe BLOGGS dob 01/01/1980.

I noticed a strong smell of intoxicating liquor on his breath and subsequently made a requirement for a roadside breath test. The procedure was carried out in accordance with PACE and form TRAFF3 completed by myself, exhibit GAR / 1 refers. The test proved positive and the defendant was arrested by myself and conveyed to Newcastle City Centre Police Station.

I then carried out the station breath test procedure using the CAMIC BREATH ANALYSER MACHINE and completing form MG DDA, exhibit GAR / 2 refers. The defendant provided two samples of breath for analysis, the lower of which was 96 ugs of alcohol in 100 millimetres of breath, which is above the prescribed limit.

At 5.45am on Tuesday 29th January 2008, the defendant was cautioned and charged with the offence of driving a motor vehicle with excess alcohol in his.
He did not reply.

I did not lose sight of the vehicle at anytime and there were no other vehicles on the road at the time of the incident. It was a clear winters night, with good visibility and artifical lighting from the street lamps.

I have held a full UK driving licence for 9 years, passing a PCV extended test and am currently a Class 1 Advanced Police driver. If I had not taken the avoiding action I took, then I would have hit the Renault Megane, which could have resulted injury to myself and the defendant. In all my driving and police experience I have to say that this was one of the most dangerous situations I have been in.

Edited by grobson, 28 January 2008 - 10:06 PM.


#14 MissT

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Posted 29 January 2008 - 11:02 PM

Thanks for the reply.

The statement was completed, traffic officers dealt with prisoner and produced the file. Don't know what he was charged with in the end or how it went at Court.

I think in relation to the original question posted, this thread is now done!

Closed!

Thanks to everyone for replies! :thumbsup: