Summoning to court for mobile use while driving

Dekota

(1) I am a care worker and this morning I was making my way towards my 3rd client of the day working from my paper rota

(2) I was using the GPS function of my phone to navigate to my client's address but unfortunately, it was not on a cradle as last week, I bought a new phone the iPhone 6 which doesn't fit my previous cradle. (have receipts for iphone purchase and cradle purchase for my previous phone). Normally I would have the mobile fixed on the cradle

(3) While navigating my way as I drove, I was 1 mile away from my client when the police took note of my phone use and pulled me over, approached me and told me to make my way to their car.

(4) I was told I was using my phone while driving aswell as not wearing a seatbelt. (which I was wearing as the officer had seen when he approached my car and I was securely fastened in; the interior of my car and seatbelt is cream and it could have been difficult for them to see if I was wearing it) I was told I will now be given a caution

(5) In a state of shock I told them I will not accept the caution because (A) I had my seatbelt on (B) I misunderstood what they meant by caution as I have had a voluntary police caution before on my DBS which has had adverse affects on my employability. They then proceeded to take my details down and informed me that I will be summoned.

(6) I asked why is it that I will be summoned and am not being given a penalty fine to which they said because I am not accepting the caution and then I explained that I have knowledge of the affect a police caution plays on employability to which they explained this is a motoring caution but I was not given an opportunity to accept the caution after understanding what they meant by it.

In light of the fact that I was wearing my seatbelt and I was using my phone for its GPS for work purpose on a frosty morning (while I await to buy a cradle), how likely is it that the judge will acquit me without penalty points and can I seek help from CAB regarding this?

JustinR1979

Always thought using satnav on mobiles to be risky, asking for trouble.
Good luck with it

Dekota

My main defense is my misunderstanding of the word caution in the context of a motoring offense, using the phone for work purpose according to my rota to get to the client on time and my phone history which is evidence that I had no incoming or outgoing call at the time I was stopped.

jaydeeuk1

Sounds like you failed the attitude test.

JustinR1979

Dekota wrote: »

My main defense is my misunderstanding of the word caution in the context of a motoring offense, using the phone for work purpose according to my rota to get to the client on time and my phone history which is evidence that I had no incoming or outgoing call at the time I was stopped.

Use can be just touching a button, could have been reading a text, looking through call history. If you were doing this you would say you weren't, naturally.
Have seen someone done for pressing the button on an earpiece thing.

Spicy_McHaggis

You'd be better taking this to https://www.pepipoo.com

atrixblue.-MFR-.

You got yourself deeper in the hole not accepting that caution.


Youll be fined by your income now rather than a fixed amount, pay a victim surcharge too, youll still receive the points on your license, and youll still have to tell your insurers ASAP that you have pending points of a unknown amount till you go to court, plus if you have to inform employers of fixed penalty points for their business insurance (if company a vehicle).


No way out of this one, and go into court saying that you weren't talking on it just using it as a sat nav wont make a different, the term is USING A HANDHELD DEVICE (that means any device that you can hold in your hand including sat navs, mobiles phone, ipads, MP3 players and so on).

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

You got yourself deeper in the hole not accepting that caution.


Youll be fined by your income now rather than a fixed amount, pay a victim surcharge too, youll still receive the points on your license, and youll still have to tell your insurers ASAP that you have pending points of a unknown amount till you go to court, plus if you have to inform employers of fixed penalty points for their business insurance (if company a vehicle).


No way out of this one, and go into court saying that you weren't talking on it just using it as a sat nav wont make a different, the term is USING A HANDHELD DEVICE (that means any device that you can hold in your hand including sat navs, mobiles phone, ipads, MP3 players and so on).

Sorry but if you can't make a phone call on it that won't apply.

They would have to show the court the driver wasn't in proper control.

custardy

So in short you had your phone in your hand on a 'frosty morning' while driving?
Your 3rd client of the day,so i assume you had been doing this for quite some miles.
No sympathy. I paid to get my car bluetoothed and set up for mobile use.
I have built in sat nav and a separate unit. sometimes use my phone sat nav (most up to date for newer builds)
Im assuming the purchase of a very expensive iphone 6 wasnt a whim purchase. So the cradle should have been keyed into this. Or use your old compatible handset as a stop gap.

Dekota

custardy wrote: »

So in short you had your phone in your hand on a 'frosty morning' while driving?
Your 3rd client of the day,so i assume you had been doing this for quite some miles.
No sympathy. I paid to get my car bluetoothed and set up for mobile use.
I have built in sat nav and a separate unit. sometimes use my phone sat nav (most up to date for newer builds)
Im assuming the purchase of a very expensive iphone 6 wasnt a whim purchase. So the cradle should have been keyed into this. Or use your old compatible handset as a stop gap.

By default, I know I'm assumed to be a motorist criminal by the judge so I know my explanations have no bearing on it but putting forward my explanation as I have to the judge in my initial post, will I be penalised further for not accepting guilt? What I am contesting is the not wearing seatbelt part and if that comes up in the summons, that is not true but theres no way I can prove I had my seatbelt on obviously. I had looked at the route in advance but I was looking at the turning I needed to take to get to the client.

If I am convicted of breaking the seatbelt law aswell as handheld use law then am I looking at 6 points/imprisonment or only 3 points?

Many thanks

custardy

Dekota wrote: »

By default, I know I'm assumed to be a motorist criminal by the judge so I know my explanations have no bearing on it but putting forward my explanation as I have to the judge in my initial post, will I be penalised further for not accepting guilt? What I am contesting is the not wearing seatbelt part and if that comes up in the summons, that is not true but theres no way I can prove I had my seatbelt on obviously. I had looked at the route in advance but I was looking at the turning I needed to take to get to the client.

If I am convicted of breaking the seatbelt law aswell as handheld use law then am I looking at 6 points/imprisonment or only 3 points?

Many thanks

Honestly do you not even understand the danger in this?
A £600 handset and no cash to buy a cheap holder from Halfords to stay safe & legal.