Mobile Phone while driving

catherinechappell

I have received a court summons for driving with a mobile phone. This dates back to July 7th. It's the first communication I have had about this incident. I feel that I have a good reason to have used my phone. My pregnant girlfriend's grandfather passed away suddently that afternoon. Her mother called me to ensure that a) she was told the bad news in person and b) that she didn't make her way round to his house after work which she regularly did. We were concerned that she would walk in on the chaos of his body etc. I was really worried about her so jumped in my car and called her to say that I was going to pick her up from work. This is when I was caught on the phone. It may not class as an 'emergency' but I was genuinely concerned about her health if she was to walk in on the chaos of his body being found. She was six months pregnant.

The police officer's comments are completely fabricated and he has reported that I made an excuse that I was talking to a old friend - this is rubbish.

I have a death certificate dated 7th July for my partner's grandfather.

I was on the phone so I guess I guilty but I feel that I have extenuating circumstances. Also is it weird that this has gone straight to court without me having had a letter with points and a fine etc?

This isn't something that I condone at all, but it was a bit of a unusual situation.

Any advice much appreciated!

gordikin

Why didn't you phone her before you jumped in the car?

catherinechappell

In hindsight, yes that would have been sensible, but at the time I just wanted to get to her before she jumped on the Tube and her mobile went dead. Stupid I know, and yes I wouldn't normally do that but I was genuinely concerned about her walking in on her Grandfather's dead body in the bath...

Gloomendoom

Well, if you have to go to court, at least you will get a chance to explain yourself.

You never know, given the circumstances, you might get away with it.

iolanthe07

Isn't it an absolute offence though? You are either using the phone or you're not.

real1314

catherinechappell wrote: »

In hindsight, yes that would have been sensible, but at the time I just wanted to get to her before she jumped on the Tube and her mobile went dead. Stupid I know, and yes I wouldn't normally do that but I was genuinely concerned about her walking in on her Grandfather's dead body in the bath...

Sorry but this makes no sense at all. Someone already knew he'd passed away, presumably they were at the place this happened. So if your girlfriend had gone there, she would have been met by the person who was there and would have been told what had happened.

She had 0% chance of walking in to find his body in the bath.

This sort of inconsistency would lead most people to think you were using this event to excuse what you did.

pinkfluffybabe

Katy8893 wrote: »

Can you use your moblie phone to text while sitting at a red light with hand brake on??

If you need to ask that, should you really be behind the wheel of a car?

atrixblue.-MFR-.

i thought they had to give a ticket within 14 days of date of alledged offence? could be wrong. hop over to pepipoo, a court will not take your plea. i have heared of speeding cases where a relative of someone who had a serious heart attack was following the ambulance on blues and two's went through speed camera as they though as it was an emergency and got court summons to appear and lost! their relative also passed away due to the heart attack and it wasnt taken into account if emergency status, the judge said they put their and others at risk by 1.following the ambulance in an emergency, 2.other road users were at risk because of the speed at wich they were travelling. the court then said that if they had travelled at the speed limit, arriving at the hospital to discover the news only a few mins behind the ambulances arrival wouldnt of made a difference,the news may have been good or in this case bad but did not justify the speed, if anything instead of informing relatives of a death because of illness it could have easily been the police informing the deaths of three relatives. the plea of speed by way of emergency was refused and they lost their license.

this is what i can remeber by memory from a local newpaper. so you rushing away to get to your fiance and txt/ringing her at the same time is not going to wash with a court. but on the other hand i'm unsure whether they have to distrebute the ticket within or upto 14 days of alleged offence.

allthough above is not of a speeding incadent, using your mobile whilst incontrol of a vehicle is regarded up there with speeding,drink driving in the eyes of the law.

in order to take or make a call you have to pull over in a safe place (use of emergency layby's is not a safe place hardshoulders or double yellows or anywhere that you can cause an obstruction to the public or emergency vehicles) engine off i go as farr as to take my keys out of ignition just incase a copper on a power trip decide to get ratty.

bigjl

I believe the actual statute? or law? is the use of a hand held microphone or some similar type of legalease wording.

It is an absolute offence with no option of mitigation, going to court will just increase the sentence or fine.

It is one reason why people moan about Ambulance staff and coppers using the radio on their shoulder, "the talking broach", as it is connected to your shoulder and not hand held then it is legal.

Personally I find it easier to use a hands free device, part of my satnav and blue tooth compatible.


Tp get back to the OP the fact is your where operating a handheld device containing a microphone whilst in control of a vehcicle, as sitting at traffic lights isn't an excuse to chill out you should be maintaining a visual check of your mirrors inpreparation to moving off.

But then I am a lot older than the texting generation and may see things a little differently, but I have also seen a fair few fatal RTC's caused by using a mobile phone when driving.

So the simple answer to you r question is no, you can't legally text when at a red light in your car as you are technically still in control of the vehicle, it may seem harsh but that is the way it is unfortunatley.

optimus_primera

pinkfluffybabe wrote: »

If you need to ask that, should you really be behind the wheel of a car?

Agree totally.

Whats the saying?
Ignorance of the law is no defense?