HELP - Wrongly accused of using mobile phone whilst driving!

MrSquare_2

So what do people think the best situation is for me? If I admit to being guilty before the court date all I will get it 3 points and revokation, or should I protest my case and more than likely get found guilty of using my phone and recieve the same punishment plus a large fine?

Does anyone have idea on timescales if I get my license revoked? Do I have to stop driving immediately? How long does it take for my new provisional to arrive? Finally! Does anyone have any info on the average waiting time for driving tests in Bedfordshire / Luton area?

mountainofdebt

If I really wasn't using my phone I think I would fight the case .......having said that though you still haven't said why you had the phone in your hand if you weren't using it.....I know if I was the magistrate this is one question I would ask you.

Inactive

MrSquare wrote: »

Does anyone have idea on timescales if I get my license revoked? Do I have to stop driving immediately?

Yes of course, you will no longer hold a valid licence to drive.

uktyler

MrSquare wrote: »

Does anyone have idea on timescales if I get my license revoked? Do I have to stop driving immediately? How long does it take for my new provisional to arrive? Finally! Does anyone have any info on the average waiting time for driving tests in Bedfordshire / Luton area?

The ban would start immediately and your insurance will go up as you have to declare the ban. Current wait at Luton for tests can be found here: http://www.dsa.gov.uk/DTCInfo.asp?id=2269&Cat=54&ShowRoute=0. You need to take both the written and practical parts of the test, and pay for them again.

The best bet is to try and prove you NEED the car, have you got any old/sick relatives that need to be taken to hospital? Do you work shifts at an out of the way place? Under certain circumstances you would be allowed to keep your license, and get a big fine. However I would not lie to the court if you don't have a good reason to keep it, as this will land you in more trouble.

If you want to try and keep your licence talk to a solicitor, they will know what will work and what won't.

Altarf

mountainofdebt wrote: »

Someone I know was taken to court for holding a phone whilst driving and as there was no proof that he was actually making / receiving a call at the time, he was found not guilty.

Hence why I say provide the records and it will be an open and shut case.

If you are not "using" a phone, why have it in your hand whilst driving?

The phone logs will prove that there were no outgoing calls or texts and the officer may have seen that there were no incoming calls, but what proves that the OP had not just read a text message that they had deleted, or was composing a text message that they hadn't sent or was in the process of dialling a number.

The only purpose in holding a phone whilst driving is because you are going to "use" it.

And to the OP, please tell the court about how the police officer couldn't see you because of your illegally tinted windows, and how being prosecuted previously for driving above the speed limit was so unfair. I am sure that will affect their decision.

Happychappy

uktyler wrote: »

The ban would start immediately and your insurance will go up as you have to declare the ban. Current wait at Luton for tests can be found here: http://www.dsa.gov.uk/DTCInfo.asp?id=2269&Cat=54&ShowRoute=0. You need to take both the written and practical parts of the test, and pay for them again.

The best bet is to try and prove you NEED the car, have you got any old/sick relatives that need to be taken to hospital? Do you work shifts at an out of the way place? Under certain circumstances you would be allowed to keep your license, and get a big fine. However I would not lie to the court if you don't have a good reason to keep it, as this will land you in more trouble.

If you want to try and keep your licence talk to a solicitor, they will know what will work and what won't.

The revocation of the driving licence is automatic if you receive 6 penalty points and not subject of the discretion of the blue rinse brigade sat on the bench dribbling. They can, when awake, give discretion concerning banning for speeds etc, etc, but no discretion regarding revoking a driving licence for a new licence holder with 6 points.

The only way to avoid revocation is not to receive 6 points, I dont know under this particular piece of legislation if they have discretion not to award points but increase the fine, I would doubt it very much as the law was introduced to stop !!!!!! driving around using their phones, so I think it is time to get the cycle clips out.

jaydeeuk1

MrSquare wrote: »

So what do people think the best situation is for me? If I admit to being guilty before the court date all I will get it 3 points and revokation, or should I protest my case and more than likely get found guilty of using my phone and recieve the same punishment plus a large fine?

Think we're getting there! You can probably work this one out yourself. Basically, do you want a kick in the nuts..... or a slap in the face and a kick in the nuts?

Just take the kicking imo.

MrSquare_2

Jay, thanks for the advice.

What happens when I plea guilty then, will the DVLA be notified immediately of my revokation? Will I be able to apply for my provisional again straight away that day?

Surely if I plea guilty before my court date I won't even have to attend the hearing will I? What happens then and how do I know when to stop driving?

Thanks!

Inactive

http://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/DG_4022566

MrSquare_2

Thanks for the link, although it does not have any information on timescales of re-applying etc.