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Summoning to court for mobile use while driving
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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 thanks0 -
atrixblue.-MFR-. wrote: »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).
- sending or receiving oral or written messages
- sending or receiving facsimile documents
- sending or receiving still or moving images; and
- providing access to the internet
A self contained sat-nav (with no cellular radio or wifi) and offline mp3 player doesn't come under the scope of this regulation, but can be included in regulation 104 (driver's control).0 -
The seatbelt trick is standard, never remove your seatbelt until instructed to by the officer and make sure you make a point of it by saying shall I remove this seatbelt.I do Contracts, all day every day.0
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To clarify, the definition of a hand-held device is "a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data". An "interactive communication function" includes:
- sending or receiving oral or written messages
- sending or receiving facsimile documents
- sending or receiving still or moving images; and
- providing access to the internet
A self contained sat-nav (with no cellular radio or wifi) and offline mp3 player doesn't come under the scope of this regulation, but can be included in regulation 104 (driver's control).
How can a non cellular iPad/tablet be covered or a fax machine without a phone line be covered? Non can do any of those things without a phone line.0 -
I always thought it was to do with the use of a 'mobile device'. If it's in a cradle it becomes a fixed device. Mobile not being limited to cellular devices, but handheld devices in general.
Don't have much sympathy here i'm afraid.0 -
Spicy_McHaggis wrote: »How can a non cellular iPad/tablet be covered or a fax machine without a phone line be covered? Non can do any of those things without a phone line.
A wifi enabled tablet could do it0 -
1) 2) and 3) should read: Regardless of why, I was using my phone.
4) 5) and 6) May translate into: I gave the police a load of attitude and now they are picking on me.
Your excuse that you where using you phone for work on a frosty morning (not sure why that's even slightly relevant? But anyway) while you waited to buy a cradle will carry as much weight as saying "Sorry officer, I was going to wait until I was soaber to drive home, but I never, but I will be soaber tomorrow so it won't happen again"0 -
Spicy_McHaggis wrote: »How can a non cellular iPad/tablet be covered or a fax machine without a phone line be covered? Non can do any of those things without a phone line.
I could set up a printer and fax machine in my car and it be very affective for a moving office.
WIFI fax printer, Get a laptop/tablet mounted in the car with a WIFI/4g dongle, connect Wifi fax machine to dongle, use laptop wifi for internet and use your fax number landline and divert it to a VOIP service number just like you can divert you house number calls to your mobile phone if it isn't answered within a set number of calls.0 -
captainawsome wrote: »1) 2) and 3) should read: Regardless of why, I was using my phone.
4) 5) and 6) May translate into: I gave the police a load of attitude and now they are picking on me.
Your excuse that you where using you phone for work on a frosty morning (not sure why that's even slightly relevant? But anyway) while you waited to buy a cradle will carry as much weight as saying "Sorry officer, I was going to wait until I was soaber to drive home, but I never, but I will be soaber tomorrow so it won't happen again"
Were you !!!!ed when you typed that?0 -
No sympathy I'm afraid. Phone use + frosty morning = danger to other road users.
Hopefully you get the book thrown at you.0
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