But Officers can be lenient at the road side.
Instead of three to nine points for Due Care and Attention offer the fixed penalty instead. To save time, tax payers money and possibly help out the driver as the fixed penalty could be smaller than a fine based on their income (also not include court costs and the victim surcharge).
Post prosecution incidentals like insurance could be lower with CU80 instead of CD10 to CD30 on their license.
So how exactly would that pan out?
You touch the record button on you dash cam which takes no more attention that adjusting the heater controls or changing radio station.
A police officer sees you and decided to stop you. He gives you the option of driving without due care and attention.
The road side fixed penalty for driving without due car is £100 and 3 points, or sometimes the option of a driver awareness course.
Or in your world the police officer could offer the lesser ofence of driving while using a hand held communications device, which now carries a £200 fine and 6 points with no option for driver awareness training......
Obviously in this situation any sensible person would take the charge of using a mobile phone, have their day in court and when asked to give their account of what happened they can honestly say they pressed a button on a dash cam to record some footage, submit that footage as evidence and an audio recording of the interaction with the policeman from the dash cam video, then walk away completely Scott free with no fine or points as they were sent to court for an offence they did not commit. If you murder someone you can’t offer them the lesser charge of stealing, if they never stole anything.
You can’t send someone to court for driving while using a mobile phone if they have not driven while using a hand held mobile phone, especially when the main point here is that it is a. Not a mobile phone and b. Attached to the windscreen so not hand held.
On the point of driving without due care and attention, yes you can get in to trouble for that if you’re not doing what you should be doing. The very act of pressing the button is not driving without due care, unless for example you were swerving all over the road, speeding or driving some how erratically, or doing something else you shouldn’t be doing, the act of pressing the button is not in it’s self driving without due care, and is no different from turning on or off heating functions, adjusting a mirror or changing the radio station or skipping a track.
Finally insurance companies now take a very dim view of mobile phone use while driving so they are now absolutely slamming people on premiums or in some cases completely refusing to insure you if you have a conviction for mobile phone use.
You can try to argue this one all you like but what you’re saying is utter tosh..!