I Was Only Holding Phone

Question:

Talking whilst on a hand held device

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 wasn’t a duration.

This is because I called my friend before I got in the car at the shops round the corner. Nevertheless 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

Paula Says:

You do have grounds to reject the ticket and ask for a court hearing if you do not accept that you were using the phone whilst driving. Its not an offence to hold a phone whilst driving. If your phone records confirm that you were not on the phone at the time stopped – and we will be able to get more detailed records from the phone company – then you have good prospects,.

You have to be up for a fight if you take the matter to court and you have to appreciate that if you get convicted the fines and court costs will be higher.

Have you got any penalty points already? Are you a new driver?