Using a Mobile Phone

comment: What is the exact definition of the term "using" a mobile phone ?

I can show that I was not making or receiving calls at the time of the alleged offence, nor did I send any text messages, however I admitted I had the phone in my hand when stopped. I told the Police I was looking at it. The phone was in my line of sight rather than looking down at it in my lap or on the passenger seat, as this seems safer to me. The Officer did not take any notes or record any of the conversation we had.

The offence is timed at 16:35

I made a call at 16:28 for 16 secs and one at 16:29 for 04 secs.

I received a call at 16:30 and 16:43 but did not answer them.

I had just set off from work (literally round the corner) from where I was stopped and so it is justifiable that I made the call whilst NOT driving.

I did categorically stated I was NOT using it to make or receive calls. He did not check my call log.

I explained I found it harsh to be punished for just looking at my phone rather than if I were indeed using it, however he informed me that he "did his own" meaning he had caught and charged Snr members of x Police for the same offence and he was "merciless" in such instances however, it was now difficult to work with said individuals et al.

I declined to sign Fixed Penalty Notice.

My only concern is that if I go to court I am found guilty, I may be liable to a lager fine.

It is the 3 points I am worried about receiving as I am a disabled driver and I need my vehicle. Although, these will be my first points, in this day and age where you can easily pick up 3 points for the slightest of mistakes, it does worry me that I may get suspended and left vulnerable without a car.

Please can you advise.

I was pulled over by a policer officer on the side of the road whilst driving, they were doing a road safety check operation where they were pulling drivers over that day.

Apparently a PCSO had radioed through to the officers ahead informing them i had a pink mobile phone in my right hand. Also i was apparently going round a round about at the same time.

When the police office had pulled me over she asked me to bring my mobile phone with me out of the car i asked her if i should bring my handsfree kit also she said no to leave it where it was i insisted she had a look which she did. I asked why i was being pulled over she had told me a PCSO ahead had radioed through that i was on my phone.

When i argued that i had't she said she hadnt seen me and she was acting on instruction from the officer ahead.

She began to right the colour and make of my phone on the back of the ticket when i asked her why she was writing the colour of my phone she then replied that it was the statement of the officer.

I felt this was wrong she said was only doing her job.

I asked her whether she was also going to write that i did have my handsfree kit present too as i felt it was wrong that she was selectively writing down what she pleased.

I took the ticked and told her i would be contesting it as i felt this was totally wrong and unfair.

Ive now got the statement through of the two officer s although they were not together the officer which initally saw me on the phone says it was a pink mobile phone now it wasa metalic silvery pink and theres no way he could of seen that it was pink so im fuming that the police can lie like this the second officer which pulled me over whi initially didnt see me on the phone now says she seen me drop an object although i was driving directly to her ???  

Im really annoyed an confused at what i can do next.

The police should not be allowed to get away with things like this.

I must also point out that the offciers where not together one was hanging around on the round about and the other was 100 yards up the road.

Alleged Offence: Using a mobile
Your road traffic offence question: Please can you help me. I have been sent a NIP asking for my details. It says that i was using a mobile phone. I was not stopped for this, i have just received it through the door. The thing is i already have points on my licence for using a phone, and since then i have never used a hand held mobile. I always use hands free. On the day in question the police have obviously seen me put my hand to my ear and end a call. I then removed my earpiece. For some reason that day i was getting quite a bit of interferrence on the set, and told the person i would pull over and call back from my handset which i did. My bill shows that i made a call about 2 minutes after this one. If i was pulled over at the time he would have seen that i had a complete hands free kit in my car, but he never did this. This has now not given me the opportunity to show that i use handsfree. It will now go down to my word against his as he was on his own. Why are they going to believe me when i already have this on my licence. This will now give me a totting up ban. The other points on my licence i deserved as they were completely my fault, but i would hate to lose my licence because of what a policeman thought he saw. I can not understand why he did not pull me over. It was not a busy road so he could have easily stopped me and asked me to pull over

Alleged Offence: offence code 124
Your road traffic offence question: The offence that I have been notified of a fixed penalty for is offence code 124, this code when looked upon the Police website states code 50-08-124 is attempting to drink while unfit through drink/drugs, I was not under any influence of drugs or drink at the time and if I was then should I not have been breath isled or taken in for further examination.
I was driving down a road to go to an appointment I had made, as I am a x and my job entails me to x. I was on a 30mph limit road doing just under 30mph and a police car was parked up in the opposite side of the road in a lay by. Now I have been pulled over as the officer suspected I was texing on my phone, I was not texing on my phone as I have proof that I have itemised billing which will show that no texts had been sent or received via my phone when pulled over for the offence. I even stated to the officer that I would show you my phone and prove that I was not texing he was not interested. He asked if I had my driving licence on me and I said yes, he asked if I had insurance I said yes, I also had the documents on me as I had to get my windscreen repaired due to a crack that had appeared the night before when I was driving and I was going to get it repaired. The officer was rude and did not want to take notice off anything I was saying, he asked if I had MOT for the vehicle and I said yes only passed a few months ago, just looked at me as he was not bothered.
After all the checks that they were carrying out while sitting in their vehicle I new that I would come back with an all clear. He came over to me and said I’m going to give you a ticket on the basis of you may have been texing on your phone, and I said I was not and I can prove that, also I was on the other side of the road, doing about 28mph, and he was parked up in a side road on the opposite side of the road with oncoming traffic going passed, on both ends, now my understanding is that the officer in question must have some super eyesight to spot that I was texing on my phone with that many obstacles in the way, also I had my ipod attached to my wrist in a wrist band at the time so that can also look like I have something in my hand which I showed him, but he was not interested, I feel I have been victimised just so the metropolitan police can meet targets, its outrageous and disgusting and I would like to known if can fight this in court. Also the offence that I have been ticketed for does not even meet what I actually got pulled over for, its pathetic. So do I stand in a strong position to fight this, as I feel I should not pay a £60 pound fine and endorse 3 points on my licence for an offence I did not even commit due to what the police officer has written on the ticket.

Alleged Offence: using a hand held mobile whilst driving
Your road traffic offence question: i was stopped by two officers on bikes who say i was using a mobile whilst driving.
the time of the offence on my fixed penalty is 1315, the only calls made to or from my phone were 1240 and 1324 (after the officers had gone). The officers are saying that i admitted it to them when in fact i hae admitted in agreement it is an offence to use a phone whilst driving, but not that i was using one.
They were positioned on the passenger side of the vehicle and say they saw me drop my hand from the side of my head. i could have been doing anything. in fact i was scratching my face. i will have phone records to show i was not on the phone at that time. in addition, the officer never asked to inspect my phone, he did take my number. i must add that when promped as to the whereabouts of my phone it was safely tucked away in the back pocket of the passanger seat. how should i approach this??

Alleged Offence: CU80
Your road traffic offence question: I was recently given a ticket for using a mobile phone, which although I dispute and can prove no calls were made I do feel that it is his word against mine.
However I have now spotted that the ticket was issued for the incorrect street and the alledged offence was not committed anywhere near this, I also have witnesses that were in the car behind to prove I did not visit that area.
Would this along with the disputed "use" be worth going to court over or should I just write a letter to the Police force in question to see if they drop the FPN before the 28 Days is up.
Any recommendation would be invaluable.

Alleged Offence: Using a mobile phome
Your road traffic offence question: In the event of an officer making an error with the ticket by putting the wrong house number (i.e. 50 rather than 05) and the fiscal compounding that error by sending a summons to the address on the ticket . Is the ticket invalid ?

I was stopped by the police and accused of using a phone whilst driving.The officer claimed the phone was at my left ear and offered a FP.The company I work for issue employees with pda,s which was in its cradle and off.My personal phone was  inside a holdall in the backseat.Both sets of phone records prove there was no calls/texts to either device.
I categorically denied using a phone to the officer.He didnt inspect either device.I explained I felt it was an error on his part.I now have an offer from the PF of a FP.I am concerned if I appeal and represent myself  in court the fine will be increased.How often does the fine get increased and is my case beyond reasonable doubt?

Alleged Offence: CU80 - Driving whilst using handheld mobile phone
Your road traffic offence question: Emma,
I received my first FPN a CU80 for allegedly using my iphone whilst driving. However I was not using the iphone as a phone but instead as a Sat Nav, using N drive Navigation software. Situation:-
Due to go to a Team building event at a location I had not visited before, I decide that despite following other cars from work in case I was separated I would switch on my Sat Nav on my iphone. This was placed in the Cup Holder by the Gear stick, giving verbal directions. No further interaction between the iphone and I was required. The stupid thing I did was not to use my Screen mount for this, however I did not believe I was committing an offence as I was not using the iphone as a Mobile Phone. Almost at my destination I was pulled over, the officer asked what I thought I had done and I replied I did not know
He looked down and said he saw me using and looking at my Mobile phone while driving. Despite assurances that I was not he proceeded in stating that Sat Navs were more dangerous than talking on a phone as the screen was a distraction. I was polite but he still proceeded in writing the ticket and then reading me my rights.
He did not offer me a choice of court or FPN, not sure if he was meant to?
Also afterwards I looked at the Ticket and the Location of the address was incorrect, as x was entered not x. x being the other side of x.
Overall the officer was firm with his stance and I understood his point but I asked twice for the interpretation of the Law as I did not think it included items such as SAT NAVS (Once when handing my licence in at the station) but both times I received the reply that only if the item is in a fixed bracket is it a legitimate device.
Do I have any grounds to defend this or is my understanding on the Mobile law incorrect, I have also requested a copy of my Mobile Call and Text Log from Orange ( Awaiting this) to prove that it wwas not in use as a Mobile at any time around my driving period.
I hope you can help?
Many thanks

not in proper control of vehicle as sending text message
Your road traffic offence question: was seen sending a text message while driving very slowly in stop start rush hour traffic. i thought i was in full control of the vehicle however the police officer disagreed is this worth fighting or is it unlikely to be found in my favour?

driver uses hand held mobile phone
Your road traffic offence question: I have today been issued with a fixed penalty notice for the above offence, I had driven a short distance holding my phone whilst it was logging onto the cars inbuilt bluetooth system. The date of offence section on the notice has the figures 200(space) printed on it, obviously intended for use between the years 2000 and 2009, the date 2010 has been indicated by writing a figure one over the last zero followed by a written zero, is this notice enforceable?

I was parked in traffic and have built in bluetooth, a call came in and went onto the speakers, i do not know why i did it but just picked my phone up for a second which was stupid because nothing was coming through the phone and I actually thought what an idiot I was. The police were having a push on people using mobile phones just at that time and had plain clothes officers standing watching drivers. They pulled me in and gave me a ticket. They did not take a written statement or any other evidence. I made the mistake of telling them that I called the answer phone but they could not see that, all the officer saw was me pick the phone up and put it down again. Any call coming in goes straight to the car system and I do not have to use the phone. I have not takne my licence in yet and could still opt to go to court but would have to say a call came in.

Recently whilst driving through my local town I noticed a parked police van ahead of me and a Constable standing on the footpath. As I approached and drew along side I looked in the direction of him out of curiosity to see what was going on. I continued driving and a few minutes later noticed the police van behind me flashing it's lights for me to stop, which I did. The constable came to my window and asked me if I'd seen him standing on x Street and I replied, "Yes".He then said, "you were on your mobile phone". I was shocked as I wasn't, in fact my phone was in a hands free cradle on the dash. I protested my innocence, but he was having none of it, stating, "I saw what I saw". The discussion continued until he asked to see my phone. On giving him the phone I said to him, " I hope you are going to apologise or admit you were wrong when you see I was not using it. The Constable then checked my phone to find that any calls made or received were a few hours before the incident. He then asked if I'd had my hand up to my face or head or anything like that. I had one hand on the steering wheel and the other on the gear stick and I told him this. I told him he was obviously mistaken but he refused to accept this and continued to say "I saw what I saw". My frustration grew at being falsely accused until I told him I was going to the station to make a complaint, he then noted my details and let me drive off. I drove to the police station and spoke to a Sergeant, informing him what had happened, he asked me how I wanted to proceed, I told him that if the constable would either admit I was not on my phone or apologise I would be satisfied. The sergeant said he would have a word with the Constable and contact me later. The sergeant rang me later that evening and told me the Constable was sticking by the line that he saw what he saw.
I'm 45 years old, drive for a living, having covered almost 150,000 miles in the last 3 years and never had a caution, conviction or even a penalty point in my entire life. I'm angry at the false accusation levelled against me by this Constable. If he is so sure he seen me on my phone why did he ask me if I had my hand up to my face or head and why was no action taken against me? I have never made a complaint against police before and would like to know if I'd be justified in making one in relation to this or is this Constable allowed to behave in this way? Thank you,

mobile phone held while driving
Your road traffic offence question: can an endorsment incorrectly entered onto a driving licence by officer & court be retrospectively removed?

On x i was driving along an x on my way home and at the junction just before my home address was a Police traffic car sitting at the junction. I passed the police officers and then took the next left turning and pulled in outside my house. as i opened the door to my vehicle i was suprised to see an officer standing there and he instantly said do you know why we stopped you i said no and then he said he and his collegue saw me texting on my mobile, i said sorry but you are mistaken because i havnt used my mobile, he then asked have i been drinking!, i said no but he then asked me to take a breath test in his vehicle, one officer filled out the fixed penalty notice and the other officer carried out the breath test, the test showed 0 as i expected, i felt in a very threatening situation, the officer explained to me the options to take with the penalty notice and said to produce my licence at Flint police station, i said i have the card part on me now and i can get the paper part as we were outside my house but he said no and to produce it, i then left the vehicle. It then dawned on me what they had seen, as i am a retained Firefighter and an Auxiliary Coastguard officer i have to carry a pager for each service, they are not tranmitters but just a pager to respond, i do remember checking one of these pagers to ensure it was switched on as sometimes the batteries fail without warning. I can easy see how this could be confused with texting so i decided to be dealt with by the court and let them decide on whether i had committed an offence or not. I produced my licence at my local station and told the officer at the desk what had happened and i wanted to be dealt with by the courts. I have today received my summons, the offence is i used a hand held mobile telephone but on reading the witness statement from the officer i couldnt believe it, It reads - DRIVER USING MOBILE PHONE WHILST DRIVING: PHONE IN RIGHT HAND TO RIGHT EAR, LIPS MOVING IN CONVERSATION. I INFORMED THE DRIVER OF THE OFFENCES AND CAUTIONED HIM. I TOLD HIM THE FACTS WOULD BE REPORTED. HE REPLIED 'YEAH! IT JUST RANG. I ASKED HIM TO PRODUCE HIS DRIVING LICENCE. HE FAILED TO PRODUCE HIS: DRIVING LICENCE.-
Please give me your views on this? I have been driving for 23 years and have a clean licence, also i am right handed so if i pick up any phone either mobile or house phone its always in my left hand so i can write with my right hand. If i had been using the phone and admitted it to the officer like he said then why would i have suggested to go to court and increase my fine and costs.

my son received ticket for a fine and three points for using phone. he denied using phone at time, officers did not believe him. his phone records show the phone was used but it was 5 min previous to the caution. my son denies he was on the phone at the time but had used the phone before leaving house. he drives all the time at work, he does not need points is it worth it to deny the charge, otr can they get away with it saying their clock was out. thanks

I was stopped by an officer for the allegation of driving and using a mobile phone. On appraching a major roundabout,I recall seeing the officer on his motorbike behind me at the time of the allegedl incident, as we tunred the roundbout, i recall seeing the officer swerving to catch a glimpse of me. The officer pulled me over and said was that an emergency call you were making, to which I explained no i was not, I was intimated and the officer issued me with a ticket explaining I had to take my license to the police station to which I explained I didi not understand why as I had my hands to my ear which he may have mistaken for me using a phone. The officer did not ask to see my mobile number or take my contact number down. I have had a clean license for 10 years and I do not wish for any points due to overzealous officer actions. I request your viewpiont on this matter.

using mobile phone whilst driving
Your road traffic offence question: i have 00000000 in the colum for date of conviction for speeding but 6 points for using a mobile phone and have just been stoped for using a mobile whils driving 1st offence x 2nd x 3rdx what way is the chances of a hardship case as i am a sales manager on the road 24/7 and would loose job and prob house as i live on my own?

I have been given a FPN for using a mobile phone, however, I was sitting at traffic lights with my handbrake on at the time. I finished the call within 14 seconds (advising that I would call back)and did not have the phone in my hand when I moved off. Is it still the case legally that the car must be in motion for me to be driving?

A pedestrian saw me using a mobile phone just as I was pulling into a parking space near my flat. He was very abusive and said he had evidence on his mobile phone and would report me to the police. I said I was speaking to my 96 year old mother - he knows nothing of the circumstances. Can the police take this matter any further even if they see a picture from another person's phone?

My boss has been stopped by the police for useing a mobile phone whilst driving, he was not useing his phone but did have it in his hand. The police say he was useing it and have sent him a court date, we have our bill from Vodafone that confirms he was not making calls but they say they can't give us incoming call records. How can we make Vodafone give us these records as we know they must have them for us to prove our case in court.
Can you help please.

is looking at your mobile phone at a red light whilst your car is stationary with handbreak on?

I was accused of using a mobile phone while driving. I was not I was adjusting my blue tooth ear piece.
They have not issued me with court dates as this is what I requested. Is there a time limit for them to do so.
Many thanks

I was stopped for holding my mobile phone. I was checking the time not speaking. I explained that as my phone was connected to blue tooth in the vehicle the hand set was only able to be used as a clock. I have been led to believe that the law is specific in that a mobile phone is considered a 2 way device. However,once a handset is connected to blue tooth in a vehicle it is no longer 2 way. Jimmy Carr Oct'09 used the defence that he was using the dicafone function of his iphone which is a one way device he was found not guilty and he was talking in to a hand set. Can i use this in my defence?

I want to take this to court as i didnt make a call or text statements will be able to back this up but whilst stationary at traffic lights i transferred the phone from my pocket to the floor of my car am i guilty of the above driving offence

I was pulled over by an unmarked police car with one officer. he accused me of being on the phone at the time he had seen me i wasnt on the phone simply putting it in the driver door however i was on the phone before the police man pulled me over so my phone will show i was on the phone. i am only 19 and never been dealt with by the police before i was an emotional wreck and didnt contest the ticket there and then. is there anyway i can prove my innocents?

an un marked police vehicle saw me holding my phone in my right hand and said i was pushing the buttons and pulled me over. i did not use my phone to make/ recieve and calls or text messages. i was very nerous and told the police offcer that i took it out of my pocket and whilst moving it i just looked at the time. i wrote toorange and they sent me a confermation that no calls or texts were made but only the police or a solicitor could ask for the information if any calls were recieved.

I was pulled over and accused of using my mobile phone whilst driving and issued with a fixed penalty notice.
I was in fact not using my phone and my incoming & outgoing call, text etc records can prove this.
I did pick my phone up and look at it (to see what the time was) but I cant see how this can be proved by the officers who pulled me over and I was stationary at the time waiting at a red light so I was definitely not driving dangerously.
Can you help?

I was sitting at a set of traffic lights with handbreak on, another passenger in vehicle, had my sat. nav attached to the windscreen, leaning forward to turn it off the police passed and waited round the corner and pulled me over, i got 3 points and a £60 fine, it has not gone to court yet and i,m wandering if they can do this as i think it is unfair to charge me as i was stationary,

I was caught 'using' my mobile phone whilst driving on Saturday. I say 'using' loosely as i wasn't actually using it, i picked it up and put it in my door compartment. The stereotypical traffic officer on his motorbike told me that even holding my phone constitutes as an offence. I told him he couldn't prove it as i will have no call or text records from that time but he just said 'try it'. Do i stand a good chance at court? Look forward to hearing from you.
Thanks

I have today been given a penalty for 'apparently' using my mobile phone whilst driving.
I was at a set of traffic lights whereby my phone beeped/vibrated in my pocket and I took it out to put on my passenger seat.

At this time a police officer was on the road side and told me to pull over. He said I was using my mobile whilst driving and had committed an offence. I argued saying my phone had beeped/ vibrated and i took it out my pocket to place on the seat. At no point did I answer or make a call to which I pointed out to the officer and even gave him the opportunity to check the phone records to which he declined saying he didnt need to do that.

I have a handsfree unit in my car to which I showed him and told him if I was on a call it would go through that.

I feel I have been penalised unfairly. Can you please advise where I stand here?

1) Are there guidelines for police officers to follow for stopping, questionning, etc, in connection with using a hand-held phone?
2) Where do I find address details for writing to the police authority concerned in my case? I want to request photographic evidence.

The police officer stated I was using my mobile phone whilst driving. HE STATES HE SAW THE PHONE IN MY RIGHT HAND, AND I was typing.
1/ the phone was in the holder.
2/ I only touched it whilst stopped at the traffic light's
3/ I have my phone records which show no calls made or received or texts sent during the time of the alleged offence.
is it worth going to court to fight this summons.
The were 2 police office in the vehicle. but they were behind my van, and not level with me. and there was another 2 cars between myself and the police car.

A basic routine car (2 officers) stopped me for alleged offence and subsequently issued endorsable FPN.
FPN records the offence code '500' with no description entered. Also my vehicle registration has been incorrectly recorded by one letter.
Is there any defence to this charge?

hi there, i have a mobile phone offence charge coming up. before i pursue, i have many defences but your company does really apply to me. in my charge i can prove i was not on the phone at the relevant time. must the officer take all details of the call logs like the number who i supposively made the contact with and made sure my time on the phone matched his?

I was recently stopped on the motorway for holding a mobile phone whilst driving when i was on asked all this on camera i denied that i was using the phone.  but before the recording started isaid i was just holding it.
I was given the normal fixed penalty of CU80, although the police officer once it was recording asked me to sign to say I was holding the phone but I remained silent and refuced to sign the statement which he had written on the back of the fixed penalty notice. but i vehemently denied using it and asked the officer to check my phone for dialled numbers and received calls which he did and this is all recorded on his internal camera. He then preceded to dial my number to check if it was the correct phone which it was and took a note of the serial number.
He just said that i could have another phone in my possession and he is not allowed to search my car.
But he then proceeded to my car to retrieve  a credit card from the seat of my car but instead took about 5 minutes searching through it i am also on camera saying that he is searching my car and he has no authority to do so.and asked the second officer to record the incident.

My question lets assume i had a second phone is there anyway the can check the records to prove this if the matter goes to court.

using phone while car engine running
Your road traffic offence question: hi
if i plea not guilty how long will take to get a date and chance to get it dismiss in crown court pls note i received a call and hold a phone did not speak on t junction and was given summon

my father gave me a loan of his mobile in case of emergency i was as my one was on charge it suddenly went off in the car i picked up the phone to try and switch it off as my one usually is and suddenly a police car pulled out at the side of the road i have been fined £60 and 3 points as i have ADHA i didnt realise it was an text to my dad from my sister was this na offence or can i do anything about the points and fine

I pulled over into a bus stop and an unmarked police car pulled in behind me, he said that I had been using my mobile phone, I asked what evidence he had and he said I seen you. He also was not in any uniform.   He told me to get in the back of his car, I told him I preferred to talk to him at the side of the road, he again told me to get in to the back of his car, I again said I did not want to, he did not ask to see any phone or ask if I had actually been using it.  He told me he could arrest me for obstructing a police officer with his enquiries, because I would not get in the car.  I still didnt't want to get in the car, I was willing to talk to him but as he was on his own, I didnt want to get in the car, he proceeded to actually arrest me, so I got in to the car.  He went to my car and asked my friend to make me see sense, she came to the police car and said he had said that I should just take the fixed penalty, he again never asked to see any mobile phone or take any number for a phone.  He told me he was going to have my car siezed and towed away and take me the station as I had been arrested. He blew through to book me in to St Anne Street police station.  He took me to the station in the back of the car, on my own without any other officers, he could of been anyone.  I was taken into the custody suite where I was seen by the desk seargant, the police officer who had arrested me proceeded to tell the desk seargant he had arrested me for obstructing a police officer, the desk seargant asked what the investigation was?  He said I had denied actually having a mobile phone, I was holding my mobile in my hand whilst he was saying this and also that I had thrown my mobile to the passenger. The seargant asked him what the passengers name was, he said he hadnt asked, he asked him what was the number of the phone I was alledgedly using he said he hadnt asked.  The desk seargant said he couldnt charge me with obstuction as he didnt think there was any obstuction.  I was booked in and had to verify my identity by giving my partners number to verify my address.  After having my photograph taken and waiting around thirty minutes I was actually charged with using a mobile phone and given a court date for this friday the 4th June at 9.45.   I am unsure of what I need to do prior to and whilst I am in court.  I would be grateful of any help with this matter.

On Monday,x 2010 at about 1 pm I was driving on x and I was my way home from work.
I was doing about 20 miles per hour as this is a street where traffic is quite heavy and there are lots of pedestrians that cross the street anywhere they can without using zebra crossing.
While driving, I saw a police officer on his bike and the odd thing about it was that he crossed the white line between two lanes to come close to my window.
We looked at each other, he flashed his lights so I stopped on the double yellow line and he then parked his bike behind my car.
He asked me to get out so I switched off my engine, undone the seat belt, looked in the mirror to check for cars, opened the door the joined the police officer on the pavement.
“ Where you aware you were driving too close to the white line” he said to which I replied” I do apologise if you thought that was the case but I was driving on my lane and I hadn’t crossed the line at any time.
This made me realise that I had annoyed him as he probably wanted to overtake, but if that was the case, I haven’t done that intentionally, I didn’t cross the line at any stage.
He then started reading me my rights which I found very strange as I thought police does that before they arrest someone, but I didn’t say anything as I was unsure about the procedure.
The way this was going, I was expecting him to handcuff me while I was still unsure what was happening.
Only then he said I was using a mobile phone and I didn’t have my belt on to which I replied: I wasn’t using a mobile phone and my seat belt was on, I only took it off when you asked me to get out of the car.
He then said: “That’s a lie you layer” to which I replied” I am not lying so please don’t call me a layer”
He said “I will call you a layer, and I will keep repeating it until your ears drop” and that’s when I realised he was really having a bad day and he was taking it out on me.
I felt intimidated as he repeatedly kept calling me a layer and he stood very close to me but I kept defending my self and I asked him if I can have his badge number, his name, his supervisor’s name and how I could contact him.
He said his name will be on the penalty notice he was going to give me and he said I would have to find the contact details myself.
He said” you are intelligent enough to talk back to me so you must be intelligent enough to get those details.
He then continued talking to control room and asked them for my details and I witnessed the whole conversation.
One of the things the lady from the control room said to him was that I was caught drink driving a few years ago.(more then 6)
When he finished his conversation with them, he said to me “ I can see you have been done before, I am a police officer so who do you think the court will believe? He then started writing the penalty notices and asked me to produce my driving licence within seven days.
This is a matter of principle, I cannot afford to have points on my licence and pay fines for offences I haven’t commited.

About 2 hours ago, i was pulled over for using my mobile phone whilst driving.

I made a call as my granny has been taken into hospital due to having repeated strokes and her blood pressure had dropped to 50 over 40 ... not good!

Does this clasify as an emergency? Or is there any way you can help me with this at all? I have been issued with 3 points & a £60 fine.

Mu license is actually at DVLA having my address changed & updated but have 7 days to show my license. Obviously th officer knows this & said something about court but not to worry as i wont actually go to court ...

I have been issued a fixed penalty for using a mobile phone whilst driving. I wasn't using the phone and actually had my bluetooth earpiece on when the officer pulled me over. What is the best way of contesting the fine.

if my case goes to court can they get evidence from phone records that i was on the phone through the battery number

using mobile phone whilst driving
Your road traffic offence question: Is there any loopholein this matter?

The offence just did not happen! It is one PC's word against my own - no witnesses other than my 13 year old son, who was a passenger in my van when I was stopped and who had used my phone to call his best mate a few minutes before the alleged offence was supposed to have occurred! The PC scrolled down my last numbers dialled and when he saw a number had been dialled a few minutes previously stated "that's when I saw you"! His witness statement, received with my summons today, is a lie - but how do I defend myself against an Officer - what evidence must they produce to get a conviction. This is a matter of principle and, as a van driver, I cannot afford to have points on my licence for offences I haven't committed! I feel extremely aggrieved - wrote a 3 page letter the day after the offence detailing exactly what occurred in the hope that the PC would admit he may have been mistaken, but now 4 months later I receive a court summons as I didn't pay the fixed penalty notice - choosing instead to appeal. Any help or advice you could give here would be greatly appreciated - please don't say "it's not worth arguing, pay up" as that can't be right. How can PC's always be "right" and general law abiding citizens be "wrong" all the time? Even the location of the offence wasn't a road I'd even driven down - it was about 2 miles away in the opposite direction. The PC is not a local one, but his statement (produced in February 2010) still quotes the name of a High Street which I hadn't actually driven down as the offence location! Can I insist on CCTV camera evidence after this length of time from whatever cameras are along the road - because my van won't be seen driving down it, as I wasn't there!! Please help

hello, i was givena fixed penalty charge of £ 60 and 3 points on my license yesterday.I am a new driver under probabtion and already have 3 points carried forward from my L-license.On receiving the penalty, i pleaded with the officer that it was a medical emergency ( sister having complications delivering baby at hospital) and that i was being given directions to the hospital. Is it worth going to court in this case, or have my license revoked and re-sit my test from scratch?
please advice!

A while ago my son was driving along x Road in Hull, when his mobile phone went off, rather than answering it whilst driving, he pulled into the side of the road before answering it. Whilst on the phone a foot patrol police officer happened by and approached his vehicle whilst stationery parked up, although the engine was still running and accused him of using his mobile phone whilst driving. My son stated his case that he wasn't driving and that the vehicle was parked/stationary, however the police officer was quite adamant that he was considered to be driving. Nothing was heard about this until this morning when a letter arrived stating they were intending to press charges. Doesn't the fact that he was parked up count for anything??????

i have been accused by two officers of driving whilst using a mobile handset.what actually happened was i had finished a call via my in car blue tooth and had the phone in my hand!!how do i stand???many thanks

I was accused with driving a motor vehicle whilst using my hand held mobile.  The officer mistakenly assumed I was using my mobile phone to either make/receive a call or send/receive a text message. when all i did was take it out of my pocket and put it on the holder. because it was digging into me. the officer didnt bother to look at my phone or take my telephone number.

hi ive just been stop by police sayin that i was talking on my phone but the problems is that i was on a side road and they were on the main road. the officer did not look at my calls or my phone he just left me off but he issued me a tickit do u think i can fight my case.

Hi, I have been accused of using my mobile phone while driving but I wasn;t. I have a garmin sat nav with hands free built in and this has been paired to my phone. I was talking at the time but not while holding my phone. My driving was not affected and the police just said they saw me on the phone and that my driving was fine. I have checked my phone bill and I did not make any calls at the alleged time, I made a call 15 minutes after I was issued a ticket according to my bill (once I had reached home)

 

Please can you advice on what I should do? I havent been to court before and would appreciate your help.

At 1.59pm on the 6/03/2010 I called my wife on my car hands free kit whilst leaving the car park , my wife did not answer my phone log shows this call at 1.59pm the call lasted 10 seconds.

At 2.02pm on the 06/03/10 I was sat in a queue at the main roundabout by asda. My phone fell out of my pocket on the floor in the foot area I was alerted to this as my hands free car phone kit which has a lcd display attached to the dashboard made a beeping noise with a error message saying connection failed, I automatically reached down to pick the phone up as I thought it was dangerous being on floor where it could interfere with my control of the vehicle and picked it up. I automatically glanced at the phone whilst in my hand for several seconds, I suppose to check the phone and I do appreciate I should have not but it was an instinctive reaction. I then noticed a police motorcycle was at side of me and he requested me to lower my window, the officer asked me to pull over at the next traffic lights.

I did so and pulled in to a car park. The officer immediately told me he was cautioning me and informed that anything I said could be used as evidence in a court.

He then informed me that I was going to be cautioned for using a mobile phone whilst driving, I explained that I had not been using the phone and would he like to check my phone as the call log would clearly show no calls had been dialled or received. I also confirmed I did have a hands free in my vehicle and explained I would not make a call on my phone whilst driving unless using the hands free kit, however the phones call log would confirm the phone had not been used when the officer had seen the phone in my hand, I would also confirmed that the phone was never near my ear, I did confirm this with the officer he agreed, however I did understand it should not have been in my hand.

The officer declined to check my phone, I asked him again, and he still declined. I tried to explain why the phone was in my hand, the officer was not interested and did not allow me to explain, he reiterated the phone should not have been in my hand and I could pay a fix fine of £60 and receive 3 points on my licence, or I could do some research and check my rights and either come in to W-S-M police station within the next 7 days and except the fixed penalty or go to court. I did ask the officer what was the definition of using a mobile whilst driving, as I believed I clearly was not using the mobile phone, he was not very specific with his response as if he was unsure.

 

What do the prosecution have to prove?

The prosecution have to prove beyond reasonable doubt that you were actually using the phone and not just holding it. "Use" includes using the phone for any of its functions, not just making or receiving a call. However many police officers erroneously believe it to be an offence to be holding the phone. The way the law is written makes it clear that this is not the case. However if you are "holding the phone" next to your ear the court may well come to the opinion that you were indeed "using" the phone and will convict you. As with all criminal cases (and motoring offences are criminal cases) the police have to prove their case to the court "beyond reasonable doubt.

I have also checked the fixed penalty notice given to me by the officer and noticed 2 things that concern me, the first being the time of the incident is shown as 2.00pm, I can reasure you it was in fact 2.02pm this may not seem signifacant but in view that the time could indicate if a phone was in use it would in my opinion be of great importance it was correct, however my phone clearly shows 1.59pm for 10 seconds and this call was made using handsfree, the second point is at no was I offered the opportunity to check and sign the fixed penelty.