Offense Code 125 - £100 + 3 points

[sansnom]

So annoyed by this, basically got stopped by a police officer this afternoon because I was 'using my mobile phone' while driving.

For the record, I was not on the phone, I was not calling, talking or texting. I was looking at it though as I was following Sat Nav directions, which he saw me doing, and which I tried to explain was no different than using a sat nav console in a car.

He issued me the ticket anyway. £100 plus 3 points. The only points I've had since I got my license 11 years ago. I'm furious tbh as it was in stopped traffic and not in any way a danger to the public or other road users when I looked over to the sat nav to make sure I was still following the right route.

Should I bother contesting it? Would I have a leg to stand on or would it be a waste of time? I don't care so much about the fine, but the points will no doubt have a major impact on insurance wont it?

 

[sansnom]

So was the phone in a holder or in your hand?

it was in my hand but he wouldn't have been able to see it, its only because my head was tilted downwards that he 'assumed' I was using a phone.

 

[sansnom]

Isnt the onus on him to prove it though? I mean if it went to court, I can prove that no call was made or received at the time of the ticket. But from what I understand, the phone only needs to be in your hand for it to count as an offense which I think is absurd.

In any case, wouldn't he still have to prove the phone was in my hand with some sort of photo evidence? otherwise surely its his word against mine.

 

[sansnom]

And they will believe his word over yours. It's really that simple I'm afraid. I agree with you that quickly checking your phone when stopped isn't dangerous, but it's against the law and that's that.

wow, what a crazy law.

So I guess I have no choice but to get the points on my license. How do you think this will affect my insurance going forward? I've never had any points so I haven't had any experience with this.

 

[sansnom]

So you only had one hand available to control the car and you weren't looking where you were going. Sounds like exactly what the law was designed to crack down on.

In stopped traffic at a traffic light? I'm pretty sure I'm not supposed to be moving forward on a red light. By that rationale, you shouldn't move your vision from directly infront of you at all times, including but not limited to getting a bottle of water from a cup holder, or a tissue from a glove box or otherwise.

Ridiculous.

 

[sansnom]

Yes. How are people still this clueless about the laws on using phones while driving?

If you'd been doing the same with a dedicated sat-nav device (i.e. holding it instead of having it mounted somewhere sensible) you'd have likely been done for a similar offence.

what a load of codswallop

So you and those with a similar viewpoint are telling me, that when you stop at a traffic light, you don't look at any passengers in the car, you don't talk to anyone, you don't look at any of the dials or do anything whatsoever other than stare directly out of the windscreen infront of you in complete silence focused 100% on the road waiting for the light to go from red to green. Yes?

Sure, I bet that's exactly true.

 

[sansnom]

As well has having your eyes on the road rather than "head tilted downwards".

Honesty cannot see what you are complaining for.

I'm complaining because had I been in a "moving" vehicle, say doing 80mph down the motorway with my head tilted downwards fiddling with a mobile phone I could completely understand, put my hand up and take my penalty.

However, it's quite different when you're at a red light, in traffic with no movement and the car is in park.

 

[sansnom]

I understand you're frustrated at the mo, OP, but you are bang to rights. Ignorance of the law is never an excuse.

Yea I guess I just never realized that using a phone / sat nav whatever when the car is in standstill is still considered an offence. It doesn't make any sense to me. But I do find it comical at all the suggestions from people saying I should've known better, sorry but I disagree. It defies common sense that one cannot even for a moment shift attention to other things when the car is not moving or in danger of moving.