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Is this a flaw in the law?.



Dorset Seagull

Once Dolphin, Now Seagull
Mrs DS has just posed an interesting legal scenario. She sent a text to me from her I phone via Siri when she was driving. If she had been involved in an accident would the police say she was texting from her phone even though she did it hands free?

Is there a record on the phone to show it was sent hands free via Siri rather than manually input.

I'm sure one of the great and the good from NSC will have a definitive answer.....over to you
 






Buzzer

Languidly Clinical
Oct 1, 2006
26,121
Mrs DS has just posed an interesting legal scenario. She sent a text to me from her I phone via Siri when she was driving. If she had been involved in an accident would the police say she was texting from her phone even though she did it hands free?

Is there a record on the phone to show it was sent hands free via Siri rather than manually input.

I'm sure one of the great and the good from NSC will have a definitive answer.....over to you

I guess if she can prove that she can text hands-free to a court then any lawyer worth their salt can show that the police have no way of knowing whether she was hands-free at time of accident or not.
 








clippedgull

Hotdogs, extra onions
Aug 11, 2003
20,789
Near Ducks, Geese, and Seagulls
If it came to it, the defence could request user data from Apple that proves Siri was used at that precise time by that phone or vice versa.

Apple keeps 'voiceprints' for 2 years before disassociating from your Apple account.
 


tiberious

New member
Nov 3, 2009
840
The earth
It would come down to the fact was she fully focused on her driving. For example Inconsiderate driving could cover indicating right and turning left, driving through a puddle an dsoaking a pedestrian... you could in theory be fined for changing the radio station manually or unwarpping and eating a chocolate bar
 


Buzzer

Languidly Clinical
Oct 1, 2006
26,121
So effectively anyone with an iPhone could claim that which would be a massive get out of jail card.

I honestly don't know how Siri works exactly so couldn't say for sure but to a non-expert, non-legal mind I would have thought yes unless there is a way Apple stores each Siri request in some sort of cache or temporary file.
 




Bry Nylon

Test your smoke alarm
Helpful Moderator
Jul 21, 2003
19,857
Playing snooker
It would come down to the fact was she fully focused on her driving...you could in theory be fined for changing the radio station manually or unwrapping and eating a chocolate bar

Careless Whisper?
 


GoldWithFalmer

Seaweed! Seaweed!
Apr 24, 2011
12,687
SouthCoast


happypig

Staring at the rude boys
May 23, 2009
7,971
Eastbourne
The offence is "Using a hand-held mobile telephone".
If she handled it, albeit only to activate Siri, then technically she has committed an offence. Whether you grass her up is on your conscience :lol:
 


Driver8

On the road...
NSC Patron
Jul 31, 2005
15,982
North Wales
The offence is "Using a hand-held mobile telephone".
If she handled it, albeit only to activate Siri, then technically she has committed an offence. Whether you grass her up is on your conscience :lol:

You don't need to touch the phone to activate Siri.
 


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