Quote:
Originally Posted by Polestar Pete
From your link:
leading to
My bold. Although Baretto argued his way out of prosecution, the CPS advice here reminds prosecutors that mobile phone use implies dangerous driving.
Therefore, waving the Baretto case in the face of traffic officers isn't a fit defence for filming or otherwise holding a mobile phone while driving.
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It's going way off topic now sorry, just wanted to clear up that at present there is no specific offence for taking a picture. I did quantify it with the comment that it may bit be a good idea.
Yes doing it may fall foul off careless / dangerous driving or driving without due care and attention, although they all have a higher burden of proof and can't be established from a photo as in the OP, which was why the badly worded ill thought out mobile phone specific legislation was introduced in the first place.