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Summoning to court for mobile use while driving

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  • 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
    Seatbelt isn't points.
  • DaveF327
    DaveF327 Posts: 1,160 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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).
    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
    So, you're stuffed if you've been caught holding a phone, tablet, iPad, fax machine (who'd have thought that?!) or wi-fi enabled camera.

    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).
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    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.
  • DaveF327 wrote: »
    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
    So, you're stuffed if you've been caught holding a phone, tablet, iPad, fax machine (who'd have thought that?!) or wi-fi enabled camera.

    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.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    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.
  • photome
    photome Posts: 16,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    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 it
  • 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"
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 3 February 2015 at 9:16PM
    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.
    Ipads use wifi signals or open networking to gain access to the internet for using it as a sat nav such as hotspots from BT or Sky in which you can place Skype calls over VOIP.


    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.
  • 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?
  • No sympathy I'm afraid. Phone use + frosty morning = danger to other road users.
    Hopefully you get the book thrown at you.
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