I was stopped for holding my mobile phone. I was checking the time not speaking. I explained that as my phone was connected to bluetooth 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 bluetooth in a vehicle it is no longer 2 way.
Jimmy Carr Oct’09 used the defence that he was using the Dictaphone function of his iPhone which is a one way device he was found not guilty and he was talking in to a handset. Can I use this in my defence?
If you can convince the court that you were only using the phone as a clock then you have a defence.
The officer will have to prove that you were using the phone as a “hand held phone” at the time of the alleged offence. He/she has to persuade the court beyond reasonable doubt. You only have to cast a doubt to win.
If you are a man of good character the court will give extra weight to what you have to say.
If you would like my help defending this matter then come back to me. If we win you will get at least some, if not all, of your costs back.
Have you got any points already? Have you got a fixed penalty?