HELP - Wrongly accused of using mobile phone whilst driving!

charlie2517

Have Pm'd you with some queries.

SOmeone has said it will be 3 mags - it could be 2 mags or 1 District Judge. Either way the Crown will open and then you will mitigate.

You will get credit for your early guilty plea.

As has been said holding is sufficient.

charlie2517

Sentence is 3 points and a fine - sentencing guidelines council is the reference point the Bench uses. They will give 3 points. If you lose your licence it will be a retest as soon as you can get a test date. Only way to keep licence is if you can show exceptional hardship but I do not know enough about your circumstances to advise.

Debt_Free_Chick

MrSquare wrote: »

Based on what people have seen here what do you all think the verdict will be? And if for whatever reason the court decide that I am guilty, what would the punishment be revoked license + fine?

You need to give some thought as to how you will explain why you were driving around holding your mobile phone. It's difficult to think of a good reason and it does rather suggest that you were intending to use it or about to use it/dialling when Plod clocked you.

We can try and argue some minor technicalities, but I doubt any of us have had to do this in Court and to be honest, it's what you pay a solicitor for.

If you're not going to get a solicitor's advice, then rehearse what you're going to say if the magistrate asks why were you holding the phone.

Incidentally - why were you?

Inactive

Debt_Free_Chick wrote: »

Incidentally - why were you?

The OP has side stepped that question already, I hope he has an answer for the magistrates.

vikingaero

Anyone remember the case of the blonde who was holding/drinking from a bottle of water whilst stationary at a set of traffic lights and was still convicted of not being in control of her vehicle?

MX5huggy

vikingaero wrote: »

Anyone remember the case of the blonde who was holding/drinking from a bottle of water whilst stationary at a set of traffic lights and was still convicted of not being in control of her vehicle?

Yes but it had nothing to do with the bottle of water ........



.... sorrry

barrier_boy

Mr Square, having read the posts, can I give you the definitive answers to your questions,
1. The law states that 'using' is a matter for the Magistrates to decide. Merely moving the phone from the dashboard to the seat would not constitute using. However that would require one continuous movement and any momentary halt would no doubt have to be explained. If the Officer saw you looking at the phone and/or appearing to be pressing the keyboard, this is easily enough to convict. Therefore producing documents from your provider would not, in themselves prove innocence. The device has to be capable of being used as a mobile data device to fall into the legal definition; it does NOT have to be transmitting or receiving that data at the time of the offence. A device MUST be in a cradle whilst in the vehicle (having it in your top pocket with a hands free kit is also technically an offence). I would not use the fact that the Officer should not be able to have seen you through your tinted windows as a defence either. If they are that dark they will, undoubtable be below 30% which means they would fall into the offence of 'Dangerous Parts' and would also be an endorsable offence for which you could (and should) have been prosecuted for at the time of the initial stop. As for advice, I would plead guilty and take the punishment, (the Magistrates do not revoke your licence it will be the DVLA who do that. On the other points raised, speedometers have to read, if anything high, by law, so if you were travelling at 30mph according to your vehicles speedo then your vehicle is doing a maximum speed of 30. As for the guidelines, they apply to Police Officers, not Camera Safety Units and the correct guidelines are 10% +2.
The 1991 New Drivers Act was enacted to try and curtail the reckless, dangerous and sometimes fatal driving seen all too often in this category of driver.
You have to ask yourself, with the speeding, the illegal tinted windows and this phone offence has the Act worked?

Chippy_Minton_2

MX5huggy wrote: »

Yes but it had nothing to do with the bottle of water ........



.... sorrry

That all depends, the OP has not stated the offence for which he has been summonsed. If it's not being in proper control then it's exactly the same thing and the OP is clearly guilty of this offence.

Le73Uq86Uv

Deleted post

ailuro2

if your windows are so tinted the officer couldn't have seen you through them, then they're probably tinted too much, think yourself lucky you didn't get 'done' for that too.;)

Holding anything in your hand will mean your grip of the steering wheel is questionable.

Keep your hands free from clutter for wheels and gearsticks and you'll be fine rather than fined.:p

Best of Luck!