Stand to loose job for using mobile phone in car

wendfd · 8 November 2007 at 11:21AM

My son in law, who has been driving for 18 months got pulled over yesterday for using his mobile phone. His bluetooth battery had run out and he was in the middle of an important call. (To the Police about a crime incident as it happens). As he already has 3 points for a speeding offence - 6 points will mean he will loose his licence AND job as driving is the main part of his job. No driving licence will mean a lot of alternate jobs are out of the question. He has a family to support. He is going to appeal against it but does anybody have any advice for him.

TheImportanceOfBeingIdle · 8 November 2007 at 11:31AM

Yes. Accept that he was in the wrong. Irrelevant of who he was on the phone to, he broke the law. If it was that important then he could have pulled over and rang them. There is no excuse for ignorance.

Debt_Free_Chick · 8 November 2007 at 11:31AM

wendfd wrote: »

My son in law, who has been driving for 18 months got pulled over yesterday for using his mobile phone. His bluetooth battery had run out and he was in the middle of an important call. (To the Police about a crime incident as it happens). As he already has 3 points for a speeding offence - 6 points will mean he will loose his licence AND job as driving is the main part of his job. No driving licence will mean a lot of alternate jobs are out of the question. He has a family to support. He is going to appeal against it but does anybody have any advice for him.

Isn't it three points, not six?

Had he dialled 999 to report the crime?

Tomthumb · 8 November 2007 at 11:32AM

I may sound harsh, but I really don't have any sympathy for him, he has only been driving 18 months and has 3 points already - what were these for? It doesn't matter how important the call was, he could have pulled over there really isn't an excuse and he should be punished accordingly. I guess he will have to face the music and hope the judge will be lenient due to his job. Hopefully he will learn to stick to the rules of the road otherwise maybe he should stay off them.

TheImportanceOfBeingIdle · 8 November 2007 at 11:37AM

Debt_Free_Chick wrote: »

Isn't it three points, not six?

Had he dialled 999 to report the crime?

Six points within the first 2 years = loss of license

peterbaker · 8 November 2007 at 11:38AM

Don't panic!

If I read you correctly, you are saying that you think 6 points is enough to lose the licence? I hope not because I already have 8 collected with just two speeding offences! I believe it is 12 points that risks a ban.

I do sympathise with the particular case (I have called police from a moving car with no headset also) ... it is a question of priorities ... what is more important:

(a) Reporting a crime as you witness it
(b) Playing by the rules regarding use of mobiles whilst driving

?

I would have thought the police would have used their discretion on this one, but their phone service is so abysmal that people calling them are an easy target as they are kept on the line messing about for so long :mad:

BTW, I do not disagree with the general principle of the law regarding use of mobiles in vehicles as, depending on the intensity of the conversation, it is blissfully easy to get completely distracted which then means your safety and that of all around you depends entirely on your subconscious brain and motor skills or lack of!

Hope I'm right about the points!

Edit: Oh dear I see I am not right for new drivers ... in that case I would suggest employing a barrister to plead mitigation in court, and avoid a ban at the court's discretion.

Tomthumb, as you can see I disagree with your harshness. It is extremely easy to pick up points if you drive for a living. Unless you drive for a living you will (I say this respectfully) not have a clue how easy it is.

catlover1_2 · 8 November 2007 at 11:43AM

I must say I am shocked at everyones judgemental attitude - whatever happened to being nice to moneysavers

anyone can make a mistake

Yes he made sa mistake but then I am sure he is aware of it and he does have afamily to support.

He may be lucky as driving is his livlihood ... I certainly hope so and if it was a 999 call he was making at the time that may also be taken into account.

Mt friend was stopped for this about months ago and was offered a choice of going on a driving improvment course instead of points and a fine this may be offered to him instead as his family will suffer if he csannot work.

xx

Debt_Free_Chick · 8 November 2007 at 11:45AM

Ah, I see .... he will be in the "six points within two years of passing his test" category - ouch!

I have to admit, I am also in the zero-tolerance category when it comes to using a phone whilst driving. I struggle to find a really genuine reason to justify it, rather than pulling over to the side of the road. (Possibly, if you were driving, being pursued aggressively and feared for your life - but that's got to be extremely rare).

I asked if he had made a 999 call for two reasons ....

Firstly, if he had, it would have been exempt - provided he had dialled 999 in response to a genuine emergency. The 999 call-centre knows that you're calling from a mobile phone and their records will verify it.

Secondly, when you call the police, they usually know you're using a mobile or ask if you are (it's usually pretty obvious from the background noise that you're driving).

They then instruct you to pull over (if it's a genuine emergency) or ask you to call back when safe to do so.

Finally ...... if he had been cut off mid-sentence, I would have thought they would have called him back?

Which all seems to suggest to me that ..... he wasn't on the phone to the Police at all, but was (rightfully) too ashamed to tell his MIL that he'd jeopardised her daughter's wellbeing and that of their family, by putting his job on the line for a pointless call! No wonder he didn't want to admit to the real reason for the call

I also wonder if his bluetooth battery had actually failed

!!!! & bull story - off with his head!

Debt_Free_Chick · 8 November 2007 at 11:46AM

catlover1 wrote: »

Yes he made sa mistake but then I am sure he is aware of it and he does have afamily to support.

Made a mistake? Surely he knowingly and intentionally used his mobile phone whilst driving, rather than simply pull over to the side of the road or complete the call later.

Where's the mistake?

catlover1_2 · 8 November 2007 at 11:52AM

Debt_Free_Chick wrote: »

Made a mistake? Surely he knowingly and intentionally used his mobile phone whilst driving, rather than simply pull over to the side of the road or complete the call later.

Where's the mistake?

Have you never done anything without thinking that was wrong and regretted it later .... I really wish I was that perfect

that i felt I could sit in judgement of others.

Th OP was asking for help not blame

xx

Sam_Bee · 8 November 2007 at 11:58AM

I have a friend who gathered 12 points, but the judge did not suspend his license as he was a teacher and required a car to get to work (no alternatives).

I wonder what the rules are on discretion, and on whether this would apply in this case? Surely the alternatives are losing job, potentially not being able to support family, going onto state benefits, costing us all? A lose - lose situation to suspend his license? But, as a non-car owner, i'm sure an expert can advise further.

Oh, all the judgemental & overly harsh comments - keep them to yourself. I might agree with you, the OP might agree with them, but they provide no help here, make you look petty, alienate people from asking for help in difficult situations and are actually, pointless.

Stand to loose job for using mobile phone in car

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