expensive apple... - P.Mason {P}
Would someone explain why it's more dangerous to eat an apple whilst driving than to smoke cigarettes? (News report today of woman fined £160 for eating apple - (filmed from police helicopter, evidently - now there's a sensible use of taxpayer's money...)
P.
(Admits to eating a Snickers bar whilst driving)
expensive apple... - sir_hiss
You would have thought that they would have far more serious offences to direct their limited resources at. Then again, there was the recent case of a lady who was fined for taking a bite out of a sandwich whilst stopped at some trafiic lights in my local town.
expensive apple... - smokie
Clearly she was rotten to the core and it gave someone the pip...
expensive apple... - Schnitzel
This government is doing this more and more with individuals it sees as enemies, such as the Potters-Bar railway crash relatives and Liberty and Livlihood people. The list is endless.
expensive apple... - Badger
Not just a helicopter, but a spotter plane as well. Full story is at tinyurl.com/5q3q9 .

By hell 'e copped'er (sorry)?
expensive apple... - Stuartli
It makes you want to throw your hands up in sheer despair.

Meanwhile genuinely serious matters on our roads that are far more worthy of police attention are largely ignored.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
expensive apple... - Bromptonaut
OK, there's an urban myth in the making here. Aircraft were not used, as the headlines imply, to apprehend but in gathering evidence. Work done as part of other jobs.

Miscreant was offered a fixed penalty but chose to defend, Mags considered issues and convicted.

I'm sure DVD will be able to offer us words of wisdom about how things were done in the past. Isn't the real scandal that a simple offence cannot be brought to court days without the requirement for reams of evidence pre trial reviews etc etc.
expensive apple... - frostbite
Next thing - sneezing at the wheel.

Far more dangerous.
expensive apple... - keo-the-dog
ok so what happens with disabled drivers with only one arm , i actually know a guy like this and he drives a manual with no problem whatsoever in fact he is abetter safer driver than some i know with both arms...cheers...keo
expensive apple... - Robert J.
But I am sure your friend demonstrated to the satisfaction of an examiner his ability to drive with his disability. I somehow doubt that girl took her test eating an apple.
expensive apple... - Badger
We had a case here in Lancashire where the helicopter was scrambled to find two youths who allegedly had shoplifted two pies, value around £1.50 from the corner shop. A sense of proportion is needed somewhere. In the case at issue here, why *two* aircraft? That's no urban myth.
expensive apple... - BazzaBear {P}
I don't get it.
How did they use two aircraft to gather evidence by filming the junction AFTER the event had already taken place?
Did they have to just keep on filming until someone else happened to try the same manoevre while holding a dangerous fruit?
Or was the lady in question an habitual criminal? Thinking nothing of turning corners while carrying foodstuff?
Did they just have to wait for her to, in the way of all nefarious criminals, return to the scene of her crime?
expensive apple... - smokie
Regarding the pies...

I watched a programme the other night where it was stated that 80% of crime in a particular city was committed by 20 - 30 people. So they set up a hit squad to go after these people, and get them off the streets. It worked, crime dropped by over 50% in a year (they didn't get them all banged up unfortunately!).

Maybe thieving pies wasn't all they'd done. Or if it was, maybe they'll be deterred from a life of petty crime by the incident. Plus the police have scored. If the crime had gone unresolved, their stats would be worse, and also Joe Public would be wailing about poor clean up rates. They can't win can they?

It also amazes me how many column inches and news hours a story like the apple one can generate - is there nothing more serious going on in the world? The mags obviously considered her guilty, so as per usual, we probably don't have the full facts...
expensive apple... - Schnitzel
In over 30% of people killed or seriously injured, traces of fruit were found in their stomachs. This is the rediculous kind of reasoning used these days. Was the woman driving dangerously? or was she assumed to be because she held an Apple?
expensive apple... - Badger
If that had been part of a zero-tolerance campaign then I'd have gone along with it, smokie but it wasn't. Incidentally, it happened at a time when I got a small-calibre bullet through my window. The police response was to send an officer 24 hours later to the wrong address. When a neighbour pointed him to my house -- the one with the bullet hole -- he gave me an insurance number. A helicopter at the time of the event would have been nice but they 'had no resources'.
expensive apple... - cockle {P}
It makes you want to throw your hands up in sheer
despair.


Not while you're driving, if I were you.....
Cockle
expensive apple... - helicopter
Oy!Taking my name in vain.

This reminds me of Jasper Carrot and £3,000 worth of CCTV protecting the pic n mix at Woolies - absolute complete waste of resources.
expensive apple... - trancer
Is it a crime to eat while driving?. I regularly do it and never thought I could be prosecuted.
expensive apple... - Badger
How does a police driver change gear?
expensive apple... - Cliff Pope
The report I read said she had picked up the apple when it had rolled onto the floor. She wasn't eating it.
How does the danger compare with using the radio or tape player?
Or operating the car heater controls?
There seems to be a presumption that doing something with food (or drink) is more dangerous than a similar action with something inedible.

So the point seems to be that holding an apple in a position that could look like a mobile phone is an offence.
But presumably eating a mobile phone (or chocolate lookalike) would not be an offence?
expensive apple... - trancer
Well what exactly was the offense?. If it was "not being in full control of the vehicle" then you can commit that offense with both hands on the wheel, eyes fixed on the road and not a mobile phone (or apple) in sight.
expensive apple... - Dwight Van Driver
The offence Trancer is at Regulation 104 MV (Con and Use) Regs., 1986, that dictates:

No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead.

I do not entirely agree with the use of the offence by Bib in dealing with apple, sandwich eaters and the like unless there is some evidence of erratic course, weaving etc. thereby proving not in such position to have lack of control. To complete the offence the Prosecution rather than surmise lack of control should prove which was not the case in the apple eater who negotiated a bend in a normal manner. Likewise the sandwich eater, IIRC was stationary at Traffic lights, which was not the case. Lack of control was not proved merely surmised on a ? what if ?basis.

The problem of the mobile phone was first attacked by using this bit of legislation and for some reason a specific offence was created. Why? Whereas the apple eater etc attention remains on driving and could drop the item if the need arose the mobile phone is a different kettle of fish. Can we now accept new legislation to ban eating etc at the wheel?

Taking this further logically then every time one takes one hand off the wheel to change gear, put on the wipers etc then one commits the offence. Remember too the old signals from the Highway Code, still valid (?) on turning left/right ? arm out of the window. Not in my book.

On the current case some points. In not accepting the FPN then it was CPS, repeat CPS that would set the ball rolling on a prosecution and collection of hard evidence.
Why it was necessary for the Petrol Parrot to be used beats me. My understanding is that it videoed the wrong section of road and as a result the Fixed wing plane was used. Again why was in necessary to send a Sgt and PC in Video equipped car to do the same and again on this I understand there were problems in what was filmed. Surely a simple OS Map and verbal description of the road layout from the reporting officer would have sufficed.

Only once in my service did I report this offence when I came up behind a weaving car with the female passenger wrapped around the driver in an amorous embrace. Reported her also for aid and abet. Both convicted and rightly so in my book.

Looks as if the case was a complete screw up, trivial offence, nine adjournments before resolved, Police getting the flack for the bullets fired by CPS etc etc. Pity the lady didn?t have the means to take it for a decision at High Court to see what LCJ and his henchmen would make of it.

Wonder what our PU?s thoughts are?

DVD
expensive apple... - trancer
Thanks, DVD.

So are we to assume that the prosecution effectively proved that she was not in control on her vehicle, hence the conviction?.

Does anyone know what the helicopter and plane actually did?. Record her driving erractically?. From my limited experience in traffic courts (in the US) a police officer merely has to say you did something (erratic driving etc) for you to be convicted of it.
expensive apple... - Tomo
A great deal of effort and money might be saved by creating - or regularising - the offence of driving in the vicinity of a policeman who is having a bad day!
expensive apple... - Dalglish
Would someone explain why it's more dangerous to eat an apple
whilst driving than to smoke cigarettes?
(Admits to eating a Snickers bar whilst driving)


i for one will say, well done to the police and the courts. more power to their elbow. anyone who thinks smoking or eating at the wheel is safe should be sent on an iam advanced driving course.

as for p.mason's question - well, the answer is in the daily telegraph article.
Ken Buck, the chairman of the bench, told Miss McCaffery: "We accept that there are times when you can drive with one hand but in holding an apple while negotiating a left-hand turn we consider you not to have been in full control."

The police defended the decision to use the aircraft and said they would take action against anyone eating or drinking while driving.

A spokesman said: "As the defendant chose to go to court, we were obliged to gather all appropriate evidence."

Miss McCaffery refused to comment as she left court.


i certainly hope more people who are caught are prosecuted and rather than fined, sent on advanced driving courses.

so - well done the police, again. keep it up. far better than using speed cameras on their own.

expensive apple... - john deacon
sad very sad

expensive apple... - Altea Ego
Does drinking a Medium Latte purchased at Norton Caines services while driving along the M6(toll) at 90 MPH constitute "not being in control"?

purely hypothetical question you understand.
expensive apple... - Andrew-T
Might there be an interesting test case, where a motorist was found holding an apple while negotiating a corner, and accused of Further investigation showed that the object in question was of inedible plastic, and the motorist had no intention whatever of eating it (neither was it a disguised mobile phone). No doubt another regulation could be found?
expensive apple... - nortones2
Turning a corner one-handed must be an offence for which fixed penalties were properly designed. To defend, in the absence of a good reason, i.e. it didn't happen, is a reflection on the defendant. Pity costs weren't awarded to the prosecution for a frivolous defence.
expensive apple... - 007

Was her name Eve?
expensive apple... - mjm
I think that's the crux of really, turning a corner with an object like an apple means that you can only really grip the wheel one handed. In a town etc, this has to be classed as not in full control. Ester Ranzen was "done" a little while ago for not seeing pedestrians on a crossing. She was stopped by a bib on a bike behind her. From what I remember she went to court because she didn't like the attitude of the policeman. She probably hasn't seen the results of rta's that he has. She lost as well.
expensive apple... - djcj
Hi, So what are the cup holders for that are fitted in most cars nowadays?
I have two in the front and two in the back.
Are the manufacturers encouraging us to break the law?

Clive.
expensive apple... - mjm
They're for holding cups, for those family picnics, etc. For when the gods of weather have seen what you are doing.
Would you really put a cup in each, fill it with coke or tea and drive round town?
expensive apple... - b3gon
Even though the CPS may have scored an own goal to some extent just to get a result, the whole episode will probably be seen as the police harrassing a relatively innocent motorist whilst the real outlaws are getting away with it.
Perhaps a few thousand more people will move into the "I knew the police were going for easy targets" camp.
Every time something like this happens it chips away at the reputation of not just the police but authority in general.
Are the people in charge of the CPS too stupid or just too arrogant to see the possible perception of the decisions they make?
expensive apple... - smokie
So say...for instance...this driver WAS weaving, and hit a kiddie. And the police had been seen to be following her. Don't you think they might suffer some criticism for NOT having done something? No win situation really.

We don't know the full facts. Maybe looks heavy handed on the face of it, but the media will always spin a story in the most attractive way for their audience...
expensive apple... - PoloGirl
>The Daily Mail's lead story.

Says it all I think. Why have a balanced "this woman attracted the attention of the police because she wasn't in control of her vehicle on a left hand bend, due to eating an apple" when you could give it a bit of good old Daily Mail spin?



expensive apple... - Badger
Every paper today is covering it, with remarkable unanimity. The link I posted is the Daily Telegraph.
expensive apple... - patently
the whole episode will
probably be seen as the police harrassing a relatively innocent motorist
whilst the real outlaws are getting away with it.


Now why would that be?
expensive apple... - tyro
They're for holding cups, for those family picnics, etc.


As someone who frequently picnics in the car, I just wish car manufacturers could design the rest of the dashboard, fascia, etc in a way that was more picnic-friendly.

In fact, the un-picnic-friendly design of cars would undoubtedly lead Sherlock Holmes to deduce that cup-holders could not possibly be intended for use primarily on picnics.
expensive apple... - BrianW
"As someone who frequently picnics in the car, I just wish car manufacturers could design the rest of the dashboard, fascia, etc in a way that was more picnic-friendly."


Too true, there's often NO horizontal surfaces of any kind other than the floor.
expensive apple... - mfarrow
As someone who frequently picnics in the car, I just wish
car manufacturers could design the rest of the dashboard, fascia, etc
in a way that was more picnic-friendly.


If you go back a few years most cars DID have flat surfaces for picnics. My dad's new Fiesta is just rubbish for going to McDonalds :-)
expensive apple... - Ex-Moderator
>>My dad's new Fiesta is just rubbish for going to McDonalds

A Galaxy is brilliant for McDonals and Burker King Drive Thru. You can flop any of the seats forward an lo, a flat suitable surface. Makes taking the wife out to dinner pretty cheap.
expensive apple... - tyro
If you go back a few years most cars DID have
flat surfaces for picnics. My dad's new Fiesta is just
rubbish for going to McDonalds :-)


Ahh, takes me back to the good old days of the Fiesta Mark III. Shame no Fiesta since has been able to touch it.
expensive apple... - frostbite
I have seen lots of different cars with picnic trays on the back, Cosworth Sierra for example.
expensive apple... - Ex-Moderator
>>Would you really put a cup in each, fill it with coke or tea and drive round town?

Yes.

Every morning with a coffee from the coffee shop near the office and every time my daughter gets in the car with juice/coke/yuckky-stuff.
expensive apple... - trancer
"turning a corner with an object like an apple means that you can only really grip the wheel one handed. In a town etc, this has to be classed as not in full control."

On this basis it is safe to assume that one armed drivers are banned from town centres or face prosecution every time they turn a corner.

I think the problem stems from the police or prosecution not making clear what she was prosecuted for. I really doubt that court documents will read that the offense was holding an apple. If the policeman felt that she was not in control, then it really doesn't matter what she was holding, or not holding.

I feel her big mistake was challenging the authorities. A £30 fine grew to £60 and I wonder if she ever has reason to deal with the police again future, if this incident won't come back to haunt her.
expensive apple... - Adam {P}
I won't lie, I haven't read this thread as I've just got in but why didn't she just pay the 30 quid and be done with it. Right or wrong. She was eating an apple in front of a cop car.

Incidently, the cops were doing their job...it's just questionable the lengths they went to to do it.
--
Adam
expensive apple... - frostbite
What really puzzles me with this case, and others of a similar nature, is that the CPS eagerly pursue it whereas, with other more serious and apparently straightforward cases, they bottle out.
expensive apple... - smokie
That'll be because they have to balance the likliehood of getting a conviction on the strength of the evidence, and often teh evidence is not robust enough.

Ergo, they must have fancied their chances with this one...
expensive apple... - daveyjp
Similar one this morning on good old GMTV. Guy stops to ask the BIB for directions. BIB think his music is too loud and he gets a £30 fine! Guy was driving a Nissan 200 and listening to Riverdance. IMHO playing Riverdance should lead to immediate imprisonment and if other people can hear it imprisonment for life!!!
expensive apple... - Badger
As an aside, a lettter in today's Telegraph:-

"Sir ? Sarah McCaffery should consider herself unfortunate (News, Jan 25). Recently, while, driving I halted at a roundabout to allow a car to cross in front of me. As it passed, I could clearly see that the driver was speaking into a mobile phone in his right hand. He was using his left hand to steer. Clasped between thumb and forefinger of this hand was a partly-eaten sandwich.

The car was a marked police car. The driver was in uniform."

This replicates my own encounter referred to in another topic. But going back to the original post, it seems to me entirely reasonable that this lady should have been prosecuted and that evidence should have been presented to support that prosecution. But the figure of £10,000 has now emerged as the cost, against the previous claim of some £400 including £60 for the two flights(!).

It's a matter of keeping things in proportion and spending what is reasonable -- if a picture of the scene was important, then what was wrong with a copper on a bike (OK, in a car then) using a stills or video camera to get driver's eye views? They would surely be more relevant than fancy aerial pictures.
expensive apple... - john deacon
violent crime up

police waste time on trivia

of course people are cheesed off

expensive apple... - Kevin
Note the word "consider".

Does no-one else see this as absolutely ridiculous?

When the cop discovered his mistake and that the mobile was in-fact an apple, what did he hope to achieve by reaching for his Fixed Penalty Pad? Wouldn't a polite "Do you know why I pulled you over Miss?" and then sending her on her way with a lecture have been more appropriate and productive?

Instead of a "Thank-you officer, I won't do it again", it has resulted in a huge waste of the court's time, thousands of pounds in court and admin costs, public ridicule of the police and alienated yet another otherwise law-abiding member of the public.

Plod needs all the public support and cooperation it can get and this is not the way to achieve it.


trancer said:
>I feel her big mistake was challenging the authorities. A £30 fine grew
>to £60 and I wonder if she ever has reason to deal with the police again
>future, if this incident won't come back to haunt her.

Are you saying that if we exercise our right to challenge 'authorities' we should expect and accept illegal persecution?

I'm sorry but the longer we just sit back and accept this carp the worse things will get.

Kevin...

Yet another example of braindead public servants is here (until tomorrow morning):

tinyurl.com/4lssk
expensive apple... - Kevin
Cut and Paste missed the leading para. of above message. Here it is in full:

All the reports I have read indicate that plod initially pulled her over because he saw her holding something and thought that it was a mobile phone, not because she appeared to be unable to control the vehicle. The Chairman's comments appear to support this in that there is no mention of any other evidence, only that:

"Ken Buck, the chairman of the bench, told Miss McCaffery: "We accept that there are times when you can drive with one hand but in holding an apple while negotiating a left-hand turn we consider you not to have been in full control.""

ote the word "consider".

Does no-one else see this as absolutely ridiculous?

When the cop discovered his mistake and that the mobile was in-fact an apple, what did he hope to achieve by reaching for his Fixed Penalty Pad? Wouldn't a polite "Do you know why I pulled you over Miss?" and then sending her on her way with a lecture have been more appropriate and productive?

Instead of a "Thank-you officer, I won't do it again", it has resulted in a huge waste of the court's time, thousands of pounds in court and admin costs, public ridicule of the police and alienated yet another otherwise law-abiding member of the public.

Plod needs all the public support and cooperation it can get and this is not the way to achieve it.


trancer said:
>I feel her big mistake was challenging the authorities. A £30 fine grew
>to £60 and I wonder if she ever has reason to deal with the police again
>future, if this incident won't come back to haunt her.

Are you saying that if we exercise our right to challenge 'authorities' we should expect and accept illegal persecution?

I'm sorry but the longer we just sit back and accept this carp the worse things will get.

Kevin...

Yet another example of braindead public servants is here (until tomorrow morning):

tinyurl.com/4lssk

expensive apple... - BazzaBear {P}
You mention the money aspect and why that shouldn't have made her accept the fine, but don't look at the other side of the coin.

People are saying the CPS shouldn't have pursued this because of the cost, but then are they saying to people 'argue with us till it gets too expensive, and you'll get away scot free'?
expensive apple... - DavidHM
Not really. I see what you mean, Bazza, but it's more like "Argue with us until the evidence runs out, and then we'll see if it's worth getting more."

If resources were purely on a first-come first served basis, you could send 30 cops and a team of sniffer dogs after one or two burglars, and probably catch them, but the rest would be more or less free to do what they pleased. So full resources aren't thrown at the pursuit of every crime, either before or after the arrest is made.

Instead, as with everything in life (eat or buy a Maserati...) finite resources are distributed to try to make the best use of them, and I have a problem believing that this was the most cost effective way of spending the £10k this case cost.
expensive apple... - Kevin
>People are saying the CPS shouldn't have pursued this because of the cost, but then
>are they saying to people 'argue with us till it gets too expensive, and you'll get
>away scot free'?

I don't think that people are saying this.

They are questioning why the CPS pursued such a ridiculous case and what their priorities are.

Do we really need to clog up the courts and spend thousands of pounds of taxpayers money simply to protect the vanity of a cop who appears to have cocked-up?

The CPS should have read the docket.. 'Holding an apple while turning left' and thrown it back to the Chief Constable with a recommendation that the responsible officer be assigned further training.

Kevin...
expensive apple... - Ex-Moderator
keep it Motoring please people.
expensive apple... - PW
Playing devils advocate here. One of the earlier comments was that she was not eating the apple but picking it up after it had rolled onto the floor.

The case was brought as she was not in control of her vehicle whilst negotiating a left hand bend.

I don't know the facts- and this is a huge amount of supposition on my part for the sake of debate- but if the above is the case, and she was leaning into the passenger footwell of the car to retrieve the apple then isn't this just a tad dangerous?

Other threads on this site condemn similar driving. And if she had caused an accident because of this how much would this have cost the taxpayer?

This is not my true opinion- I refuse to give that as I do not have all the facts. Just seemed a bit one sided.....
expensive apple... - Badger
But was it the passenger footwell? If it were the driver's footwell, then it could conceivably have rolled under the brake pedal, and so needed retrieving as quickly (and as safely) as possible. I don't recall any evidence that the apple had been bitten.
expensive apple... - PW
That's why hypothetically used passenger side. Although, technically could have tried to dislodge with foot.

Thinking about it- isn't it much harder to reach down into drivers footwell- rather than quickly ducking into passengers side?
expensive apple... - smokie
I ran into the back of a lorry once while picking up a conker from the passenger footwell.


I wasn't about to eat it though...
expensive apple... - Badger
There are so many variables we'll never reeally know, of course. I did once have a nasty moment when one of our kids on the back seat put a bottle on the floor. It rolled under my seat and did go under a pedal. Masty. Nasty for junior as well . . .
expensive apple... - Kevin
>Nasty for junior as well . . .

Many years ago when I worked for Rio Tinto one of the engineering managers dropped a lit cigarette between his legs while driving.

Now *that* was nasty for junior.

Kevin...
expensive apple... - john deacon
She said the number of deaths and injuries on the roads was "unacceptable" and two thirds of such accidents were down to driver inattention.

oh i thought they were all down to speeding?

news.bbc.co.uk/1/hi/england/tyne/4250829.stm
expensive apple... - Colin M
If anything, it serves to highlight the law to millions of readers. Let's have some high profile cases of people being fined for driving with foglights on in the clear, or having a headlight bulb out. Unfortunately until there are more police back on the roads, we'll have to make do with the occasional headline rather than continued gentle policing of the masses.

Conditioning has made most drivers completely unaware of the risks associated with driving. Every apple eater, mobile phone user and tailgater should be made to attend an RTA. In fact they aren't even called "accidents" anymore are they?