Not in proper control of vehicle

powerful_Rogue

Just after some advice, if there is any at all!

Driving along the road earlier when I went though a green light at a junction. 20 seconds later I saw a police car with blue lights approaching, so I pulled over to let it pass. The police officer pulled behind and signalled for me to turn down the next road which I did.

Parked up, engine off and window open. Police officer approaches, says he saw me using my mobile phone whilst driving and to close the window, secure the vehicle and take a seat in the police car.

Police officer went through all the formalities and then got to the Q&A.

Officer: As you drove past the junction, I saw you holding an electronic device in your right hand which I suspect to be a mobile phone, is this correct?
Me: No, It was my vaping device
Officer: Do you have a mobile phone?
Me: Yes
Officer: Where is the mobile phone?
Me: On the passenger seat along with my wallet and house keys
Officer: What mobile phone do you have?
Me: LG G5
Officer: Can you describe your vaping device?
Me: Black base about 6 inches long and a silver tube coming out of it which is roughly the same height
Officer: Is there anything else you would like to add?
Me: I have a built in bluetooth system in my car that my calls come through and also have a smartwatch which all my notifications come through on, so not that I ever would, but theres no need for me to use my mobile whilst driving.

Officer asks to see the smartwatch and I give him a demonstration.

Officer then confers with his colleague and says, in light of your defence, I believe you was holding the vaping device rather then a mobile phone. Whilst looking at a sheet of offence codes, he says to his colleague, "that one instead?". Im then informed im being reported for the offence of not being in proper control of your vehicle.

I asked if my driving demonstrated that I was not in proper control to which the officer said that because I was holding the vaping device, I didn't have both hands on the wheel, like 10 to 2 and if I had hit a pothole or someone had run out I would not have been in proper control.

Officer thanked me for my cooperation and said I would hear back from the traffic unit within 14 days as to whether they will take this matter forward or not.

Been having a good read up online, and don't like the sound of MS60 one bit!

caprikid1

Sounds all valid to me.






Plenty of cases involving food drinks bottles etc.

Aylesbury_Duck

I'm not sure what advice will be useful. All you can do is wait and see what happens. If it was the police officer's view that you weren't in proper control of your vehicle and you disagree, you'll have to decide whether to formally challenge it or not.

Altarf

What advice are you looking for? You met some police who needed to hit their targets are you were the unlucky victim.

No seat belt or using a mobile phone are the police favourites. Their word against yours, and who will the magistrates believe.

So challenge it or don't, but either way you have already lost.

dannyrst

Should have asked him how he changes gear.

neilmcl

I'd post this on pepipoo.com as well just in case it goes any further. Personally I'd doubt it but if you do get something through I'd be willing to challenge it in court if it were me. They can't just simply state you were not in proper control without any evidence of such.

powerful_Rogue

neilmcl wrote: »

I'd post this on pepipoo.com as well just in case it goes any further. Personally I'd doubt it but if you do get something through I'd be willing to challenge it in court if it were me. They can't just simply state you were not in proper control without any evidence of such.

Thanks neil. Posted on pepipoo and received some advice. Just a case now of waiting to see if the traffic unit take the matter any further.

phoenix_w

neilmcl wrote: »

They can't just simply state you were not in proper control without any evidence of such.

This may be true if you pay for decent legal representation. For the common person, it'll come down to whom the magistrate believes - and they're more likely to believe the one in uniform.

Altarf

phoenix_w wrote: »

This may be true if you pay for decent legal representation. For the common person, it'll come down to whom the magistrate believes - and they're more likely to believe the one in uniform.

Exactly. The OP is in a lose / lose situation. Pay the fine or pay to hopefully avoid the fine. Take your pick.

Nasqueron

Altarf wrote: »

Exactly. The OP is in a lose / lose situation. Pay the fine or pay to hopefully avoid the fine. Take your pick.

Putting aside the anti-police conspiracy theories (targets etc) the police usually have video in the car, if they were behind and saw OP driving along for a sustained period without holding the wheel or were coming the other way and saw it and it's on video then it's a bit different.

Billy_Bullocks

dannyrst wrote: »

Should have asked him how he changes gear.

I wonder how the op did.