Use of mobile phone
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 £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?
Holding a phone is not an offence. Switching the alarm off is not an offence. The only thing that is an offence is using the phone for telecommunication purposes whilst holding it and whilst driving.
Therefore you have a defence if you are up for a fight.
You would have to reject the ticket and ask for a court hearing to challenge the matter. If your phone records will corroborate that you were not using the phone at the time of the alleged offence then you have a very good chance of defending this matter. I defend over 95% of the cases that I take on and get over 83% withdrawn without the need for a trial.
If I succeed on either front you will get your reasonable legal fees back. Come back to me if you would like my help.