HELP - Wrongly accused of using mobile phone whilst driving!

MaximumImpact

Out of interest, why would pleading my mitigating circumstances land me with a fine?

Because you already admitted holding the phone in your hand which is admission of the offence and then you are going to ask the courts to let you off!!!

Also absolute rubbish re your speeding...as Guidelines allow 10% + 2 on speeding so therefore you won't be prosesuted under 35 by a mobile camera.....

Doozergirl

MrSquare wrote: »

It might sound a bit cheeky, but surely it is their job to prove me guilty rather than for me to prove myself innocent! Crazynesssss!

Is it worth pleading my mitigating circumstances again?

It will obviously help you more if you can prove yourself innocent rather than rely on his word against yours.

Don't be indignant in front of the magistrates, apologise for holding the phone, prove that you weren't using it via call logs and hopefully a friendly phone provider and hope that they are lenient with you.

You won't be fined more simply because you tried to defend yourself. Just be respectful all the time.

anewman

Doozergirl wrote: »

...apologise for holding the phone, prove that you weren't using it via call logs and hopefully a friendly phone provider and hope that they are lenient with you.

Problem is merely holding the phone is in itself an offence. Admitting an offence and asking for leniency won't look particularly good in court.

A_Nice_Englishman

'Using' a mobile phone needn't include making or receiving a call or text message so as far as I can see checking the logs proves nothing.

Even my really basic one has a calculator, calendar, alarm clock, radio, mp3 player, games etc, many of which are more distracting than talking on the phone.

KeithP

A Nice Englishman, absolutely right. Thank you.

vaio

I think the outcome could well depend on what exactly you have been charged with

If they are doing you for using a mobile (The Road Vehicles [Construction and Use] [Amendment] [No 4] 2003) then I think I’d argue that holding is not the same as using especially as you weren’t holding it to your ear.

The law bans devices “……..which performs an interactive communication function by transmitting and receiving data.” And I’d say unless it is transmitting or receiving data at your behest then you aren’t “using”

“Using” will be a matter of record with your service provider so I’d get a letter from them too. This is the sort of case where a solicitor might be a good idea.

I’d also say that holding it must cause some lack of control of the car and would be an automatic guilty if they charged you with “driving whilst not in a position as to have proper control of a vehicle’ (Road Vehicles Construction and Use Regulations 1986, Reg 104.) but that’s a different offence and they only get one bite at the cherry.

A_Nice_Englishman

vaio wrote: »

I think the outcome could well depend on what exactly you have been charged with

If they are doing you for using a mobile (The Road Vehicles [Construction and Use] [Amendment] [No 4] 2003) then I think I’d argue that holding is not the same as using especially as you weren’t holding it to your ear.

The law bans devices “……..which performs an interactive communication function by transmitting and receiving data.” And I’d say unless it is transmitting or receiving data at your behest then you aren’t “using”

“Using” will be a matter of record with your service provider so I’d get a letter from them too. This is the sort of case where a solicitor might be a good idea.

I’d also say that holding it must cause some lack of control of the car and would be an automatic guilty if they charged you with “driving whilst not in a position as to have proper control of a vehicle’ (Road Vehicles Construction and Use Regulations 1986, Reg 104.) but that’s a different offence and they only get one bite at the cherry.

So reading or composing a text message is OK as the text data is not received at your behest and no data is actually transmitted until you press 'send'?

vaio

According to the letter of the law I’d say yes.........

3. "interactive communication function" includes the following:

• i. sending or receiving oral or written messages;
• ii. sending or receiving facsimile documents;
• iii. sending or receiving still or moving images; and
• iv. providing access to the internet;

If they meant to include “preparing to send” as well as actual “sending or receiving” then they should have said so.

Obviously composing a text is going to affect control of the car but that’s a different offence

c_l_a_i_r_e

anewman wrote: »

Problem is merely holding the phone is in itself an offence. Admitting an offence and asking for leniency won't look particularly good in court.

Asking for leniency in sentencing is essentially the whole point of a plea in mitigation. The problem is if found guilty you lose your licence anyway(6 points) so the best thing you can argue for is as low a fine as possible.

Out of curiousity what is the exact charge on your summons?

A_Nice_Englishman

Link to the legislation for reference
http://www.opsi.gov.uk/si/si2003/20032695.htm

The way I read it, it doesn't say you have to be using the device to "perform an interactive communication function by transmitting and receiving data" at the time of the offence, only that it must be capable of doing so. So reading a text, playing a game or choosing a music track could/would count as 'using'.

Wonder if there is any case law?