Big Tone wrote:
So exactly what is the, (legal), use of the 'flash headlamps' function?
I always thought, or read long ago, that It's to let others know of your presence; the visual equivalent of the horn.
If so, since when can 'they' prosecute me on their assumption of my motive for using it?
Brought back memories,and a quick google later of
http://www.speedcameras.org/speed-camer ... php?id=115"Judges support trucker who warned traffic to speed trap
Published: 14th October 2005
Category: Prosecution
Reader's Rage:
A lorry driver who was prosecuted for obstructing police by alerting other motorists to a speed trap by waving out of his cab has won a battle to clear his name.
When the police, who were manning the speed trap on the A303 at Tinkers Hill in Somerset last year, saw Charles Glendinning pass by they gave chase and reported him. He was summoned to court and convicted of obstructing the police in the execution of their duty. However, Mr Glendinning appealed and Taunton Crown Court overturned the conviction.
But that wasn't the end of it because the Crown Prosecution Service (CPS) appealed against the previous court ruling and the case was heard in the High Court. Luckily for Mr Glendinning the High Court judges ruled in his favour and pointed "some might think the police would appreciate the efforts of other to prevent speeding.
The judge said that there was no evidence that any of the motorists warned by Mr Glendinning had been breaking the speed limit at the time. Earlier the judge asked the CPS what the difference was between Mr Glendinning's action and road signs warning of speed cameras ahead. The response came from Ben Tabiner who said they were two completely different strategies - warning signs are preventative while a speed trap is specifically to catch people.
The High Court judges agreed that because there was no evidence that any other drivers in the area were influenced by Mr Glendinning's signal and slowed down as a result, he did not obstruct the police."
Comment on the site was :-
Information sourced in part or in full from: Daily Mail
Our comment: More likely the police were upset that Mr Glendinning were scaring the fish away from the fishing net. They had caught 60 motorists speeding on the 70mph road in just one hour. That's ?3600 for an hour's work.
Edit -The appeal was a decision at a Crown Court -
( Q for the legal eagles ) -does that make it case law ?