Stand to loose job for using mobile phone in car

Debt_Free_Chick

wendfd wrote: »

He was receiving a call FROM the police about an incident NOT making a call. His bluetooth hands free battery died so he picked up the handset.

I wonder if you're getting the truth and the whole truth here.

It's pretty obvious when talking to someone who is in a car ... especially around London! I'm surprised the Police didn't suggest that they call him back at another time - especially as they knew that they had dialled a mobile number

But it was still his choice to continue the call (he could have dropped it and let them call back). He could have ignored the call in the first place and let it go to answerphone.

Yes - I've been harsh, but there is no point in suggesting he defend this. He chose to use the handset and I can't think of a good reason to defend that, which the Courts would agree with.

If you are fully convinced by his story, then get advice as to the likelihood of winning a reprieve in Court. But be aware that if the Court doesn't let him off, then the fine could be as much as £1,000 - and there's a strong case that they'll still revoke his license.

The Courts are not very understanding in this situation.

peterbaker

Yep Mystic_Trevs right about how bad your luck can turn out when hurtling in metal boxes ... same as if you are lighting up a cigarette, just a plain hopeless driver, half-blind but somehow still driving with the wrong glasses, or driving at night with hopeless eyesight like I expect I'll have when I get old, or an epileptic who has mucked up their medication, or been up on MSE all night and driven down a railway embankment, or someone who has just had a blazing row with the OH. Lot's of reasons why accidents happen ... get a grip here please ladies and gentlefolk

wendfd

Another thought ....

Most people reading this thread have had the benefits of having 12 points before getting anywhere near losing their licence. The new law for new drivers has its good points but they hardly have much chance to learn a lesson. Its easy to pick up speeding fines (I have one myself and I'm a 55 year old grandmother who hardly ever goes above the speed limit) He will have to resit his test with all the cost of that.

espresso

wendfd wrote: »

Another thought ....

Most people reading this thread have had the benefits of having 12 points before getting anywhere near losing their licence. The new law for new drivers has its good points but they hardly have much chance to learn a lesson. Its easy to pick up speeding fines (I have one myself and I'm a 55 year old grandmother who hardly ever goes above the speed limit) He will have to resit his test with all the cost of that.

But you seem to think that he should be treated differently to others i.e. a special case why?

Sam_Bee

I thought this was moneysaving board to provide help & assistance? I didn't realise it had changed to the 'beat someone when they are down board'?

The potential outcome of this to a young family could be severe. Sounds like he could be the main bread earner. Might have kids to support. Might be difficult to get alternate jobs and replace the income he will probably be losing, and his family could suffer as a result. Any self respecting mother / mother in law would be doing the correct thing to ask about help or assistance. Can't you go and discuss the morals in the 'on my high horse as i'm so perfect' thread?

catlover1_2

Sam_Bee wrote: »

I thought this was moneysaving board to provide help & assistance? I didn't realise it had changed to the 'beat someone when they are down board'?

The potential outcome of this to a young family could be severe. Sounds like he could be the main bread earner. Might have kids to support. Might be difficult to get alternate jobs and replace the income he will probably be losing, and his family could suffer as a result. Any self respecting mother / mother in law would be doing the correct thing to ask about help or assistance. Can't you go and discuss the morals in the 'on my high horse as i'm so perfect' thread?

Well said :beer:

Wig

As usual the "holier than thou" brigade are out in force, writing off topic comments about how he should take the wrap, lose his job and give up without a fight. And basically offering no help whatsoever to the OP.


What he should do is appeal any fine/points pre-court conditional offer. Get himself a solicitor to represent him in court. He may pay more in fines and costs and still collect the points, but I reckon the magistrate will not revoke his licence.

Tell him to ask around if anyone knows of a solicitor/barrister who is good at defending motoring offences. Go to the court itself, ask people, court employees, if they can recommend anyone. Ask the duty solicitor.

Wig

espresso wrote: »

But you seem to think that he should be treated differently to others i.e. a special case why?

Is it "special" to want to take your lawful right to have your case put before a court so that an experienced magistrate can judge the case according to its merits? And give a reasoned judgement instead of a computer automated judgement?

Debt_Free_Chick

Sam_Bee wrote: »

Can't you go and discuss the morals in the 'on my high horse as i'm so perfect' thread?

It's difficult to offer advice and assistance without addressing the morals, though. In order to assist him, he needs to have a valid defence - without it, there's no point in attempting to defend the penalty. Indeed, it would cost money to do so. So, we are being MoneySaving by stating that - as he knowingly committed the offence - there's no point in paying a solicitor and a barrister to defend this in Court.

Some people may well believe that he should simply be punished. But my take on this is that he cannot avoid punishment as he has no defence . Hence, why I asked in my very first post if he had dialled 999 on relation to a genuine emergency - as that might have been a valid defence

In addition to the crime, he has a rather unconvincing story which appears to make him appear to be a liar too. I don't think we'd do anyone any favours at all if we suggested that they present themselves to the Court to defend an offence, based on a story that is less than true (or, at least, appears to be).

It would be of concern if someone suggested how "he might get away with it"

espresso

Wig wrote: »

Is it "special" to want to take your lawful right to have your case put before a court so that an experienced magistrate can judge the case according to its merits? And give a reasoned judgement instead of a computer automated judgement?

As a new driver only three points away from a potential ban, they should have been more careful.

Yes there are obviously two sides to this argument/discussion but I guess that this will be yet another one of those many threads, where the eventual outcome does not get posted, so don't lose any sleep over it.