Stand to loose job for using mobile phone in car

ozvaldinho

TomTom satnavs have a setting which you can set to turn off the maps above a certain speed, works well for me.

photome

Wig wrote: »

You have avoided he issue. You know the OPs sons/nephew (whatever) position, and you said you would pay up and take the punishment. Now either you were givng your example as what you would do in a totally different scenario to OPs son (which is pretty useless - as a comparison - lets face it) or you were saying what you would do in a similar scenario to OPs son i.e. you have 9 points and for whatever reason you answer the phone - and you get caught..... Now answer my question as it was intended.

Who the F*** do you think you are...."Now answer my question as it was intended" ?

But i will.

Ok looks like my post was useless, I guess I was initially answering the OP post about the amount of points I have.

My opinion is the driver should take his punishment !!

We will never know tho, as with all threads on this board, there is never any follow up.

wendfd

Thanks for all your responses. I will let you know the outcome as I am a regular on this website. What I was trying to find out was, was it worth appealing or would he only end up if more trouble if he did. The post about £1000 fine was worrying. But also the post about being able to retake his test straight away was encouraging as we assumed he would have some sort of ban.

The officer who served the penalty did advise him he could appeal, as he obviously felt guilty imposing a penalty that would have such harsh consquences.

Anyway he has until next Wednesday to decide whether to accept the points or appeal.

Debt_Free_Chick

wendfd wrote: »

Thanks for all your responses. I will let you know the outcome as I am a regular on this website. What I was trying to find out was, was it worth appealing or would he only end up if more trouble if he did. The post about £1000 fine was worrying. But also the post about being able to retake his test straight away was encouraging as we assumed he would have some sort of ban.

I don't think it's "straight away". For now .... he continues to drive on his current licence. If he gets the points (whether automatically or even if he attends Court) ... he still has his license UNTIL he gets the letter from the DVLA. That letter tells him license has been revoked.

He then has to apply for a provisional license, again! He has to tick the box to confirm that his original license has been revoked.

He then has to reapply for the test - both the theory and the driving test.

The officer who served the penalty did advise him he could appeal, as he obviously felt guilty imposing a penalty that would have such harsh consquences.

Anyway he has until next Wednesday to decide whether to accept the points or appeal.

If he wants to appeal, he needs to get advice first - and quickly.

I mentioned the fine. It works like this. He does nothing - accepts the £60 and the points, revocation of license etc.

He appeals. He has to attend Court. The Court could ...

1. Stick with the Fixed Penalty (unlikely - they don't like you to appeal, unless you have strong grounds)
2. Impose a higher fine - up to £1,000 but no points (result!)
3. Impose a higher fine - up to £1,000 and three points, leading to instant revocation
4. Let's him off, scot-free :eek: :rolleyes: .... highly unlikely, IMHO

I don't think the Court can apply more than three points - just a higher fine.

But his chances of succeeding must be carefully calculated. Either he makes his own mind up, or gets advice - which could cost money. Whilst many solicitors do give a free half hour consultation, it might not be enough for them to make a firm decision. But maybe worth a try?

My fear is that he would need a bloody good solicitor with a bloody convincing story to avoid three points. We cannot get away from the fact that he was caught using the handset - and there is only a very limited exemption/excuse for that. I rather fear that the Court will want to make an example of him - one; due to the new ban on using the handset and two; as a new driver.

HTH

Wig

photome wrote: »

Who the F*** do you think you are...."Now answer my question as it was intended" ?

A slight over reaction methinks

Ok looks like my post was useless, I guess I was initially answering the OP post about the amount of points I have.

My opinion is the driver should take his punishment !!

You say your post was useless, implying that you atleast see my point that saying what you would do in a totally different scenario is next to useless.

But you go on to say "my opinion is driver should take his punishment" I'm trying to get you to clarify that.

Do you think under the circumstances he finds himself in that he should defend himself in court to try to avoid the maximum 3 points possibly by making the judge aware that 3 points would mean he loses his job. And take the punishment of a higher fine but less points Or

Do you think he should not defend himself in court and just take the 3 points & £60 fine without a fight and lose his job?

Depending on which of the two you decide you mean, would you do the same if your own job depended on it?

Wig

Maximum fines (£1000 in this case) are reserved for extreme cases. For example Someone who caused a very serious accident by using a phone, or someone who repeatedly offends the same crime, over and over again - sort of "sticking 2 fingers up at the justice system".

I think it highly unlikely he will get a maximum fine.


He can appeal without legal representation, but he would be fairly stupid to do so. On the basis that if he does appeal he will need legal rep, he should find a solicitor fast and get a free consultation, before Wednesday.

catlover1_2

There is another option he could possible attend a day and half course as part of the National driver improvment scheme... whether he is eligible is up to the police but it is used for people caught using mobiles

Suggest he calls the police asap to see if he is eligible

xx

derrick

harveybobbles wrote: »

the operator, specifically asked if he was driving while on the 999 call, to which he replied "no, i'm a passenger" as he got told he'd be commiting an offence.

149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop. Never use a hand-held microphone when driving. Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving or riding - find a safe place to stop first or use the voicemail facility and listen to messages later.


So looks like that operator was wrong.

Wig

derrick wrote: »

149

You MUST exercise proper control of your vehicle at all times. You MUST NOT use a hand-held mobile phone, or similar device, when driving or when supervising a learner driver, except to call 999 or 112 in a genuine emergency when it is unsafe or impractical to stop.

So looks like that operator was wrong.

I imagine if you or I or that guys boss were to admit that yes we were still driving, we would get done for it. If it were an off duty police officer, an MP or a beak (judge) They would be let off.

Dylanwing

Wendfd - I will never condone using a mobile whilst driving, but in terms of justice, the punishment should be appropriate. Yes, an offence was committed, but nobody was hurt, and is loss of job with all the attached consequences really fair? Meanwhile, we have a Government telling judges not to jail certain criminals because the jails are full, many of whom have committed an offence that has had an impact on others. It is the inconsistency in that motoring offences are fixed penalty, whereas with criminal cases, judges have discretion to make an appropriate sentence.
Good luck, but no sympathy if he is caught again.
Dylanwing - 0 points in 20 years, but not holier than anyone. Just a lucky/ slow driver!