Court summons - driving with mobile phone

Milky_Mocha

Hello

This morning I received a court summons for an alleged offence committed in August 2008. I took a phone call while waiting at traffic lights and got pulled over and given a ticket. I thought that because the car was stationary it was not an offence but the policewoman said the engine was still running therefore yes it is an offence. I had only been on the phone for a few seconds as the caller was a Homeserve plumber calling to say he was on his way - I had a home emergency water leak and simply said 'ok, thank you, see you soon'.

I was ordered to present my drivers licence to the nearest police station and to phone a certain number to pay the fixed penalty of £60.

I paid the penalty but could not find my drivers' licence as we had recently moved into the area and everything was in boxes in the loft. Also as I was heavily pregnant I could not crawl into the loft to search. I went to the police station anyway and explained the situation. They said I had 7 days and so should attempt to search further within that time.

I requested a replacement licence from the DVLA and it arrived on the 8th day. I then presented it to the police station but they said it was out of their hands and so I should await a court summons and there is nothing further they or I could do until then.

A couple of weeks later the fixed penalty I paid was returned to me along with a letter stating that a prosecution 'may' follow.

I heard nothing further until today, summoning me to court in March. I have also been given the option to plead by post.

My questions are:

Do I have any hope of pleading not guilty?
Does anyone know of any solicitors who could do my plea by post with mitigating circumstances for a 'moneysaving' fee? So far I've seen solicitor charges of £120 +vat and £150 + vat on the internet for this sort of representation.

Cheers

hewhoisnotintheknow

surely the fine wont be that great, lower than the solictors fees already paid?

Premier_2

You have every right to plead not guilty ... but I don't hold out much hope of the court agreeing with you.

You used a mobile phone (presumably handheld) whilst driving. Guilty!
You failed to produce your driving licence within the 7 days. Guilty!

real1314

You said that "we" moved into the area, do you have a partner that could have looked in the loft? Or a friend? Or a relative?

I think you're wasting your time with the failure to produce. You had 7 days to sort it, it's a standard legal request for a driving offence.
As for the phone, well who knows. Did the penalty fine state that the vehicle was stationary? Was the handbrake on?

jeannieblue

You'd have to prove that you wouldn't have answered the phone if you were moving surely? The fact that you happened to be at the lights is just lucky for the rest of us on the roads.

Try putting your phone away at all times when behind the wheel of the car and just accept that you have broken the law and accept the consequences.

I may sound harsh - but I really don't care. I've seen too many incidences of idiots with phones and attempting to be in charge of their vehicle - sadly, most of them women and most of them with children on board.

shown73

Just the other day I noticed one of those huge mobile crane jobbies approaching one of the busiest roundabouts in the country, at a surprisingly brisk turn of speed for such a thing, with the driver holding a phone to one ear, and chatting happily, driving with one hand. That said, in this case perhaps a modicum of common sense would not go amiss.

MrsE_2

jeannieblue wrote: »

You'd have to prove that you wouldn't have answered the phone if you were moving surely? The fact that you happened to be at the lights is just lucky for the rest of us on the roads.

Try putting your phone away at all times when behind the wheel of the car and just accept that you have broken the law and accept the consequences.

I may sound harsh - but I really don't care. I've seen too many incidences of idiots with phones and attempting to be in charge of their vehicle - sadly, most of them women and most of them with children on board.

#

Hiya mate:wave: :wave: :wave:

To the OP, I've only read the title, BUY A BLUETOOTH:rolleyes:

jeannieblue

shown73 wrote: »

Just the other day I noticed one of those huge mobile crane jobbies approaching one of the busiest roundabouts in the country, at a surprisingly brisk turn of speed for such a thing, with the driver holding a phone to one ear, and chatting happily, driving with one hand. That said, in this case perhaps a modicum of common sense would not go amiss.

Hmmm......... heavily pregnant woman with phone in hand and at wheel of a vehicle, you'd condone that if she crashed into another vehicle with your family on board? I don't care if she was at the lights, would she have picked up the phone if the lights were green? The phone was obviously near to hand, the temptation is there to pick the blasted thing up. She'd could've put her unborn baby at risk.

All mobiles should be either off or tucked away out of use when you are behind the wheel, aside from it being illegal, it is dangerous.

jeannieblue

MrsE wrote: »

#

Hiya mate:wave: :wave: :wave:

To the OP, I've only read the title, BUY A BLUETOOTH:rolleyes:

Exactly! Can't believe people are so stupid. My drive to work coincides with nutters including lots of mothers who can't control their overly large vehicles at the best of times, trying to talk on the phone and shout at the kids and allegedly driving in a safe manner.

lilac_lady

How do you you think people coped before there were mobile phones? There's no excuse for using them while driving. If you can't resist answering, switch it off in the car.

jeannieblue

lilac_lady wrote: »

How do you you think people coped before there were mobile phones? There's no excuse for using them while driving. If you can resist answering, switch it off in the car.

It's so simple isn't it? Maybe too simple and obvious for some to see...... :rolleyes: