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Using a Mobile Phone
Jul 12, 2010
Not moving at the time.
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?
Category: Using a Mobile Phone
Posted by: patterson
My view is that you have to be in motion at the time that you are making/receiving the call to be guilty of this offence. the offence is committed if you are driving and using a mobile phone and driving is defined as both motion and control of a vehicle.
Have you got any points already? If so how many?
If you are up for a fight and you would like my help with this matter then come back to me.