Using a Mobile Phone
Is this something that is worth appealing? I saw other similar questions on your website but they are over 1 year old so I don't know if the law has changed in this area but I thought you actually had to be on the phone? I could not afford court costs if I were unsuccessful.
ps is this also relevant? when the police officer asked me to get out of my car and into theirs and I refused as my 2 year old daughter was in the back of the car. The PC said "Oh, of course, I didn't see her". But does that place any doubt on what he might have seen me doing with my phone? Just a thought....
Your road traffic offence question: i was pulled for using my mobile whist driving which i admitted, when i checked my ticket i noticed that the officer has filled out my ticket wrong by stating that i have L plates on my van, i have heard that i could escape punishment because he filled it out wrong. i dont want to cause a fuss becauce i was using my phone but if this is true then i could do without the fine and points... could you help me with this please
A police officer knocked on the window of her stationary car,engine was still running, and told her that she was guilty of using a mobile phone whilst driving. She was fined on the spot Â£80 plus 3 pts on her license.
I have now been summons for this and will need help to defend this action
I was issued a fixed penalty notice for using a phone while driving and chose to fight it in the magistrates court.
My phone bills show that the phone was not used at the time of the offense.
However, it is also a PDA and whilst stopping at traffic lights I removed it from its cradle to unlock the screen and see what my next appointment was.
The magistrate held that this constituted use of the phone!
I am a bit gutted as it has cost me a lot more money and I was sure that by checking an appointment on a PDA did not constitute an offense under the act.
Can you advise please â€“ I am not sure whether to appeal this now.
Many thanks in advance.
Your road traffic offence question: What is my defence if I was speaking on the phone while driving via a blue tooth kit and the police officer mistakenly thot I was holding my phone because he saw me holding an object
Your road traffic offence question: Hi,
I was stopped for driving whilst on the phone, but the officer said to me you will recieve 6 points and a Â£250 fine.
I believe the max penalty points is 3, not sure about the fine, but please advise as to the law!
Also, the officer did not take any details from me, liscence, adress, name nothing. Isnt that strange?
Please reply via email as i cannot answer the phone at work.
Thank you very much for the advice.
Your road traffic offence question: i drive a x they come as standard with slightly tinted windows plus on the day it was raining and my whole car was steamed up i have pictures to prove this which i took rite after the alleged incident my phone was in my lap and i was accused of txting whilst driving it would hav been inposible for any1 to see inside my car.as i am currently a llb law student myself i gave the police officers a gud run for there money and said i would see them in court. would you be able to give me some advive please. thank you.
Your road traffic offence question: I was stopped after visting a customer by 2 police officers who alledge i was holding a mobile phone to my ear whilst driving. I regulalry travel by phone as part of my job and have a blue-tooth headset which is constantly glued to my ear! My mobile phone was in fact situated in my jacket pocket - nowhere near my ear! Having explained this to the police officer this was dismissed out of hand. My phone records show I had been making a call but this had finished 4 minutes before the police-event had taken place. In addition, the ticket has been issued to be for a code offence: 2511/Excess Speed 50, when there was no mention of this from the officer in question. Do I have grounds to contest this?
The police saw me two of them in car talking whilst driving
On the ticket they have put that my vauxhall corsa hatchback is a saloon?
Any help would be grately appreciated
Your road traffic offence question: Today I was stopped by the police for holding a mobile phone in my hand. I was given a fixed 3 penalty points notice and a Â£60 fine. I was in fact at the time of the "alleged" offence attempting to click off an alarm (that had bee set onto my phone earlier in the day,) I was trying to avoid waking my sleeping son, who was a passenger in the car. I was not speaking or texting on the mobile phone and can produce phone records to prove this. I had not used the phone all day Is holding a mobile phone whilst driving an offence? Am I able to successfully avoid points being added to my licence?
Your road traffic offence question: I had my phone in my hand, down by the steering wheel and got pulled over by an officer. He said that I was speaking on the phone as he saw the phone in my hand and said I was speaking. I was speaking to my son in the back of the car. He checked my call register and could see that there was a call 5 mins earlier, but there wasnt a duration. This is because I called my friend before I got in the car at the shops round the corner. Nethertheless he gave me 3 points and a fine and said that I can appeal. Please can you tell me if I have a case to appeal and if so, what happens next? Will this be taken to court? Thanks
Your road traffic offence question: I was pulled in seven days ago by a PC on a push bike. He asked if I knew why I had been stopped and I stated that I didn't. He stated that his colleague had seen me driving with my phone to my ear and changing gears with my other hand whilst driving through traffic lights. I immediately denied this as following a previous offence of driving with a mobile I had a hands free kit fitted to my van. I also have a Manufacturer installed hands free in my car, as I do not wish to commit this offence again. The PC then asked where my phone was. Unfortunately I couldn't find it, so gave him the number to ring. My phone didn't ring, but the officer saw it on the floor at the side of my van. He then asked if I was trying to hide it. He wasn't interested in ringing it again to confirm that it was connected to my hands free kit, and just issued me with a ticket, saying if I wasn't happy I should contest it.
I may have been on my hands free before I was pulled in, but was definitely not holding my phone. My question is, is that my telephone records may show I was on my phone, but is there any way of proving that this call was through hands free. I don't want to plead guilty to something I am not guilty of, but if it is just the case of my word against two police officers, what chance to I have of being believed
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.
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.
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
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 Iâ€™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 Â£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.
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??
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.
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 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?
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?
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?
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'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,
Your road traffic offence question: can an endorsment incorrectly entered onto a driving licence by officer & court be retrospectively removed?
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.
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?
Can you help please.
They have not issued me with court dates as this is what I requested. Is there a time limit for them to do so.
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 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?
2) Where do I find address details for writing to the police authority concerned in my case? I want to request photographic evidence.
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.
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?
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.
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
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.
â€œ Where you aware you were driving too close to the white lineâ€ he said to which I repliedâ€ I do apologise if you thought that was the case but I was driving on my lane and I hadnâ€™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 havenâ€™t done that intentionally, I didnâ€™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 didnâ€™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 didnâ€™t have my belt on to which I replied: I wasnâ€™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: â€œThatâ€™s a lie you layerâ€ to which I repliedâ€ I am not lying so please donâ€™t call me a layerâ€
He said â€œI will call you a layer, and I will keep repeating it until your ears dropâ€ and thatâ€™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 supervisorâ€™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 saidâ€ 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 â€œ 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 havenâ€™t commited.
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 Â£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 ...
Your road traffic offence question: Is there any loopholein this matter?
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 Â£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.