Penalty Notice for moving my phone

ChrisD. · 11 Oct 2009 at 17:13

Long story short, I moved my mobile as the sun was reflecting off the screen. As soon as I laid it down, I was pulled over by a PC who gave me a ticket (he really didn't seem to have a clue and seemed a jobs worth). I realise that the law regarding this is written in such a way the merely holding a mobile is enough for a conviction depending on which way it is looked at, but I am considering taking this to court together with a calls/text list from my operator to show I was not using the device. I also have 4 witnesses as I was driving a mini bus at the time.

I was wondering if someone on here or someone's friend had had similar happen and if it was taken to court, what was the outcome?

Thanks.

Hooa · 11 Oct 2009 at 17:21

Got nothing to lose giving it a go I guess? I just don't know ... if it was me I could not be bothered with the hassle

Makhaira · 11 Oct 2009 at 17:23

The calls list won't help you, since that doesn't prove you weren't operating the phone. You'd have to rely on the witnesses.

JAMAL · 11 Oct 2009 at 17:23

Can you prove that sim card was in that phone at the time?

Muncher · 11 Oct 2009 at 17:23

You've got no chance

Dogbreath · 11 Oct 2009 at 17:29

I reckon you've got a fighting chance if you can get your mobile operator to provide a call list for that day. I'd sign up to Pepipoo for this to be honest, far more likely to get reasonable advice from there is this case.

Dandle · 11 Oct 2009 at 18:01

I got pulled for the same thing a few days ago which has turned into a nightmare but thats another story. The officers told me though that the 3 points and £60 fine is for using or operating a handheld device while driving a vehicle(could be a phone, pda or navigation device). As you were only moving it I dont think you need to prove anything about calls and if you go to court you were moving it not using or operating it.

Durzel · 11 Oct 2009 at 18:03

Did you post this on Pepipoo? I remember seeing a similar case posted recently...

Anyway unfortunately for you the Law on this is sufficiently ambiguous that it is essentially an offence simply holding a device capable of telephony, irrespective of what you're actually doing it with it at the time. There's a specific law for mobile phones, other devices - e.g. satnavs etc would be covered under Driving Without Due Care & Attention should they decide you weren't driving competently.

You'll have an uphill struggle getting anywhere in the Courts with this as you'd have to get your mobile company involved (you could easily delete call/text records from your phone), plus there's nothing to say you weren't seen inputting a new text message but not actually sending it, etc.

Captain_Slick · 11 Oct 2009 at 18:14

Witnesses tbh. 4 vs 1.

Muncher · 11 Oct 2009 at 18:28

Captain_Slick said:
Witnesses tbh. 4 vs 1.

Witnesses in your vehicle won't count for anything.

Captain_Slick · 11 Oct 2009 at 18:34

Why not?

If they don't; the system is seriously messed up and I'm emigrating out of this nonsensical rubbish hole ASAP. Taxpayers should be able to publicly birch police officers if they're tards, like this one.

SB118 · 11 Oct 2009 at 18:36

Muncher said:
Witnesses in your vehicle won't count for anything.

If they were his brother, his dad and two of his mates, fair enough, but if they are just 4 random passengers it would be seen differently.

jamoor · 11 Oct 2009 at 18:39

Why were you driving the minibus, who were the passengers?

Justintime · 11 Oct 2009 at 20:15

Sorry to hear. Agree with the law in practice but i was once almost given 3 points for being parked up with my engine on and answering a call, i was only saved when the other copper said something else apparently bigger was up and they shot off.

Jono8 · 11 Oct 2009 at 20:40

Justintime said:
Sorry to hear. Agree with the law in practice but i was once almost given 3 points for being parked up with my engine on and answering a call, i was only saved when the other copper said something else apparently bigger was up and they shot off.

i thought thast what they want you to do :confused:

park up and answer it? They can give you 3 points just because your engine is on?

Justintime · 11 Oct 2009 at 20:45

Apparently if the engine was off it would've been fine according to the cop, i think they hardly enforce it and he was having a slow day.

Jono8 · 11 Oct 2009 at 20:47

Justintime said:
Apparently if the engine was off it would've been fine according to the cop, i think they hardly enforce it and he was having a slow day.

so you cant use a phone at all once you are inside a car? :confused:

thats just ridiculous. I'm lucky to have not been caught if that is the case.

Justintime · 11 Oct 2009 at 20:48

No if the engine was off it would be ok apparently.

Lum · 11 Oct 2009 at 21:07

Of if it's handsfree, don't forget that one.

If your phone has a speakerphone mode then just blu-tac it to the dashboard and you're fine even though you'll be even more distracted trying to understand the bloody conversation after doing that.

Dangerous Dave · 11 Oct 2009 at 21:41

I doubt you will the fine/points lifted. I got pulled for using my mobile while driving they insisted they saw the phone in my hand and that I was getting 3 points and £60 fine the best bit was my phone was 2 miles away in my house. What annoys me was if I had had the phone in the car I would have been given 3 points and a fine with no way to prove I didn't touch it.