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    S SID's Avatar
    S SID Posts: 91, Reputation: 11
    Junior Member
     
    #1

    Jun 23, 2017, 06:18 AM
    Driving law
    Hi. I've received a summons for using a mobile phone while driving. I pulled over, took the call and hung up after but still had the phone in my hand.
    I sent an email to the police explaining this but because I had the phone in my hand, the summons still stand and the officer told me its minimum £200 fine plus 6 points in the U.K.
    What can I do?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Jun 23, 2017, 06:29 AM
    Explain to the magistrates what happened.
    The law is quite clear, you are not to have a mobile device in your hands while driving.
    S SID's Avatar
    S SID Posts: 91, Reputation: 11
    Junior Member
     
    #3

    Jun 23, 2017, 06:54 AM
    I thought I wasn't to use it but yes I still had it in my hand.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #4

    Jun 23, 2017, 09:41 AM
    Don't see you winning this at all... odds are cop saw you with it in your hand while the car was in motion... that is all the law requires. If you had used a hands free device you would have been OK. And you CAN make ANY bluetooth phone hands free for very little money if your car stereo doesn't already support it ( a fraction of what that ticket will be).
    S SID's Avatar
    S SID Posts: 91, Reputation: 11
    Junior Member
     
    #5

    Jun 23, 2017, 04:18 PM
    It was in a hire car, my car does have hands free and is connected to it. I'd like to think aim law abiding, I actually pulled over to take the call, that's the annoying thing.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #6

    Jun 23, 2017, 07:20 PM
    Sadly the law states you can't have the phone in your hand while driving, and you admit that you did. No, you weren't taking a call, you weren't texting, but the phone was in your hand, and of course everyone that's caught with a phone in their hand while driving, is going to say they weren't using it. It's a pretty common defense.

    I can't see you getting out of this one. Looks like you're going to have to pay. But do tell them your story. You never know, if the judge is in a good mood that day, you may get off without a fine.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    Jun 24, 2017, 04:24 PM
    You are not going to win, even if it is true, You can not prove you did not do it. If they look at phone records you were on the phone just seconds different.

    You needed to have put it away prior to driving. Sorry pay the fine, this is a no winner.

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