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***UPDATE***Driving while using mobile phone - citation for court

124

Comments

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lvm wrote: »
    I did tell her this would be the best option but she was totally against it. She may regret that depending on what happens next though.

    And to everyone else...I totally agree she deserves everything that she has coming. Was just looking to find out what the likely outcome would be.

    I'm guessing it'll be a couple weeks before she hears anything (if she's not arrested before then!) but no problem in letting you all know what the outcome is!

    re the outcome is anyones guess, depends how the judge looks at the fact its her second time, the judge could be lenient as hell or very hard on her.
  • Justicia
    Justicia Posts: 1,437 Forumite
    Part of the Furniture Combo Breaker
    Genuinely interested in the outcome, OP. Subscribed.
    "Part P" is not, and has never been, an accredited electrical qualification. It is a Building Regulation. No one can be "Part P qualified."

    Forum posts are not legal advice; are for educational and discussion purposes only, and are not a substitute for proper consultation with a competent, qualified advisor.
  • Yorkie1
    Yorkie1 Posts: 12,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The offence of using a mobile phone whilst driving is the same in Scotland as in England and Wales - s.41D of the RTA 1988.

    The penalty for this offence is 3 penalty points and, at court, max £1K fine (assuming vehicle was a car / non-PSV/-HGV).
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    rare for a minor motoring offence courts tend to sentence in absence then if fine not paid execute a warrent for arrest then send them in the cells untill a slot opens up. not saying they couldnt opt for warrent right away hammy its just the way ive known the system to be.

    A friend who is in the police was occasionally sent out on an evening with a police van and bunch of warrants, usually for traffic offences. He was amazed at the number of otherwise intelligent people who ignored summonses and letters hoping it would go away, and were then gobsmacked when, eventually, a PC arrived on the doorstep with a warrant saying - if you don't pay the fine to me now, you'll be arrested and presented to court tomorrow morning!
    We need the earth for food, water, and shelter.
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  • Hammyman
    Hammyman Posts: 9,913 Forumite
    Warrant for arrest because she didn't turn up
    rare for a minor motoring offence

    But it is no longer just a minor motoring offence. It is failure to appear before a court when instructed to do so. That would mean the magistrate or sheriff issues an arrest warrant and as the "friend" now has previous form for ignoring an order to appear then they are most likely to be held until there is a slot, usually the following day.
  • lvm
    lvm Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    £500
    Well, the court is closed today for some reason (local holiday possibly) so won't get any info until tomorrow when they re-open!
  • lvm
    lvm Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    £500
    Called the court this morning and someone in the Clerk's office told me that the case has been continued until 28th October 2011.

    I asked what this meant and she just said that the judge may not have been sure what the plea was or couldn't make a decision.

    So...I guess they will receive the licence and reply form pleading guilty and they'll decide the fine on 28th...unless anyone knows any different!

    I'll let you know if my friend receives anything else in the post confirming this...and as you all know this before she does, I better go give her a call!
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    She doesn't sound like she is mature enough to own & drive a motor vehicle.
  • lvm
    lvm Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    £500
    sharpy2010 wrote: »
    She doesn't sound like she is mature enough to own & drive a motor vehicle.

    She's not!
  • lvm
    lvm Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    £500
    Well, I have the verdict and I'm sure the majority of you will be very disappointed.

    A fine of just £70 and 3 points on the licence.

    So, that's apparently what they call justice.
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