Summoning to court for mobile use while driving

RuthnJasper

DKLS wrote: »

Powerful stuff and should be showed in all schools and colleges as well as national media as to the possible implications of sending a quick text

I believe it was offered to most secondary schools when it was made. It also caused a stir when it was shown to some schools in the USA.

As hard-hitting as it is, I completely agree with you. It should be essential viewing for anyone who wants to have a driving licence these days.

Nilrem

londonTiger wrote: »

not even victim fund?

The victim fund isn't the police though. The police and courts don't see a penny of the victim surcharge, and many of the police and courts think it's an unfair levy on a lot of offenses as unlike fines etc it has little or no scope to be adjusted based on income.

Again it goes to the government who disperse it to relevant agencies.

The police and Judiciary in the UK (thankfully) very rarely tend to get to keep any proceeds from fines etc, unlike in some countries, which tends to mean that the Police aren't motivated to give them out by the idea that they'll profit from it, but rather can decide based on if they think it's appropriate.

IIRC the only "common" case when it happened was some speed camera schemes where the police would receive some money back (largely to encourage the use and maintenance of the cameras), but in return had to abide by a lot more regulation on where/when the cameras used in the scheme could be placed - IE they had to be so obvious you had to be almost blind not to notice the warnings and cameras (so going after the people that really didn't care or didn't pay attention whilst driving).
Even then most forces didn't take part.

Reggie_Rebel

Surely popping the phone on the seat and whacking the volume up to 11 would have done the trick. It works with my Windows phone

ado

Dekota wrote: »

(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

Police don't 'caution' people for mobile phone offences so I presume that by caution the PC was about to say 'you do not have to say anything...' i.e. to talk to you on the record before giving you a verbal NIP (notice of intended prosecution) which would then lead to a summons.

As others have said I don't think you have a leg to stand on. You were using a hand held device presumably using one hand to hold it whilst steering with the other and taking your eyes of the road for long periods on a cold day with slippery road conditions from the frost, which is a dangerous combination for road safety. You will get points for the offence although the level of the fine will vary depending on your financial circumstances.

harveybobbles

When is the court date? Would love to go and see this clown getting the book thrown at them.

Spicy_McHaggis

ado wrote: »

Police don't 'caution' people for mobile phone offences so I presume that by caution the PC was about to say 'you do not have to say anything...' i.e. to talk to you on the record before giving you a verbal NIP (notice of intended prosecution) which would then lead to a summons.

As others have said I don't think you have a leg to stand on. You were using a hand held device presumably using one hand to hold it whilst steering with the other and taking your eyes of the road for long periods on a cold day with slippery road conditions from the frost, which is a dangerous combination for road safety. You will get points for the offence although the level of the fine will vary depending on your financial circumstances.

Nothing stopping them is there?

And you should know phone offences don't need a nip.

ado

Spicy_McHaggis wrote: »

Nothing stopping them is there?

And you should know phone offences don't need a nip.

When I issue a TOR it is always finished with a NIP no matter what offence is being dealt with.

I guess you are right about there being nothing to stop the police cautioning people for hand held mobile use but we don't do it.

Spicy_McHaggis

ado wrote: »

When I issue a TOR it is always finished with a NIP no matter what offence is being dealt with.

I guess you are right about there being nothing to stop the police cautioning people for hand held mobile use but I don't do it.

Corrected that for you.

Richard53

Dekota wrote: »

I do think this should be dealt with on a case by case fashion, my case being yes I didn't have it on a cradle and no I normally do not use a phone off a cradle while driving only in this instance as I bought this phone. Yes, I should have bought a cradle straight away but in light of the fact that I normally don't use the handheld device in my hand, wouldn't that mitigate the penalty fine at the very least?

Every single person who is prosecuted for this kind of offence will have a cast-iron 'reason' why they did what they did, and genuinely believe that they deserve to be dealt with leniently 'just this once'.

The court will have heard it all and will ignore it.

BeenThroughItAll

Richard53 wrote: »

The court will have heard it all and will ignore it.

And rightly so.