Silly Police - Fine for blowing nose (Case now dropped)

[Easy_Rider]

Why? Where has common sense gone? No wonder people have lost respect for the Police, i mean WTF? They are supposed to uphold the law not bully!

http://news.bbc.co.uk/1/hi/scotland/gla ... 484978.stm

Driver fined 'for blowing his nose'
Generic image of man blowing nose
Mr Mancini was stopped by police after reaching for a tissue

An Ayrshire businessman says he has been fined by the police for blowing his nose while driving.

Michael Mancini, from Prestwick, said he was sitting in stationary traffic with the handbrake on when he used a tissue to clean his nose.

He claimed he was waved over by four police officers and given a fixed penalty for not being in proper control of his car.

He has refused to pay the £60 fine and the case may now proceed to court.

The 39-year-old, who runs a furniture restoration business in Ayr, said: "The traffic was nose to tail in the high street and the traffic stopped and I thought that was quite a good time (to blow his nose).

"I stopped the van and put the handbrake on. I saw four police officers nearby. The traffic moved on and I was waved across by an officer.

It should have been obvious to the officers what was going on and it beggars belief a ticket was issued
Peter Lockhart
Mr Mancini's solicitor

"He said I was not in control of the vehicle."

Mr Mancini said he was "absolutely stunned" by the police action.

He added: "I said to the officer 'You're joking, you're having a laugh'.

"I've never been in trouble with the police. I was just completely gobsmacked. I honestly thought someone was going to run out with a camera."

Mr Mancini was fined on 26 October at the High Street in Ayr but has not paid the penalty.

His solicitor, Peter Lockhart, said he had written to the procurator fiscal on 18 January but a letter arrived the following day stating that if the fine was not paid the case would go to court.

Public interest

Mr Lockhart said: "In the letter I said - 'It should have been obvious to the officers what was going on and it beggars belief a ticket was issued'.

"I also wrote - 'We cannot see, given the circumstances of this case, that it is in the public interest'."

Mr Lockhart said he was waiting to hear if a court date has been set.

"We will be pleading on his (Mr Mancini's) behalf not guilty," he added.

A spokeswoman for Strathclyde Police said: "A 39-year-old man is the subject of a report to the procurator fiscal in connection with an alleged traffic offence."

UPDATE 26/02/10 Case dropped!

A big yay for common sense, i'm glad this chap had the balls not to pay the fine!

http://news.bbc.co.uk/1/hi/scotland/gla ... 539682.stm

'Nose blow' driver case dropped

A businessman who claimed he was fined by police for blowing his nose while driving has had the case against him dropped.

Michael Mancini said he had been given a fixed penalty notice after using a handkerchief while his van was stationary in traffic in Ayr.

The 39-year-old refused to pay the £60 fine and the case had been expected to be heard by a court.

But prosecutors said no further action would be taken.

A spokesman for the Crown Office and Procurator Fiscal Service said: "After further enquiry and careful consideration of all the facts and circumstances of this case, the procurator fiscal has decided that no further action is required."

Mr Mancini, from Prestwick, told BBC Radio Scotland's Newsdrive programme that he was "glad common sense had prevailed".

He added: "I think the authorities need to learn a little bit of common sense and worry about more important things."

Mr Mancini described last month how he had applied his vehicle's handbrake before using the tissue to clear his nose.

But he claimed to have been "stunned" when he was waved over by a police officer, who told him he had not been in full control of the van.

The incident happened on 26 October at the High Street in Ayr, when Mr Mancini said he had been suffering from a heavy cold.

Mr Mancini's solicitor wrote to the procurator fiscal last month stating that it "beggars belief" that a ticket had been issued under the circumstances.

However, the prosecutor had insisted the case would go to court if the fine was not paid.

 

[mattbrown]

spend time or a mugging case or give out fix penalty notices, - which is easier (most stuff stolen can be claimed back on insurance)

 

[al]

I just have the one word for the copper, NUMPTY ! !

 

[perry]

The real crime was that there were 4 of them :shock:

 

[al]

The real crime was that there were 4 of them :shock:

Oh! NUMPTY, NUMPTY, NUMPTY AND NUMPTY!!

 

[Easy_Rider]

The real crime was that there were 4 of them :shock:

And no doubt they will all say it was dangerous etc etc so the word of 4 officers versus average jo in court....hmmm that's why my brother didn't go to court for a similar silly fine, and there were 4 of them in his case too.

 

[TheGreenRabbit]

What are they going to fine me, for all the 'snot rockets' I have blown out, whilst riding over the years ?

 

[perry]

I'd make a point of mentioning that half the time you spend driving your eyes are closed , and as such the 4 coppers are unreliable as statistically 2 of them would be blinking the moment they claim to have seen the guy , so are just agreeing with the 2 that could have seen it happen .

 

[fingers]

Somebody needs a good slap...

 

[channa]

I am not sure how it will pan out with it happening in Scotland.

But I suspect, that he will end up with a stiffer fine and costs.

Furthermore, simple question are you in proper control of your vehicle when blowing your nose? The fact the engine was running, and handbrake applied it seems matters not you are still considered driving.

Same if he had answered his mobile and would have been the offence charged before it became an offense in its own rights.

The offence is complete.

It does all seem abit silly when burglars and muggers walk away with probation orders etc.

Channa