Got Pulled. Need Advice Please.

[Idrees]

Last night I was driving along a busy road which was being patrolled by police. I was driving along quite slowly, about 20mph and my phone rang. I usually keep it in my door handle pocket thing so got it out and passed it to my mate who was in the front passengers seat. Once he was done he passed the phone back to me and I put it back in the door pocket.

While I did that, there was a patrol bike riding next to me. He saw me do it and pulled me over.

He's given me a Endorsable Offence ticket which is worth 3 points and a £60 fine. At first I thought he might listen to me and understand what happened but he was just being a prick so I told him I'm not giving my licence in and will probably see him in court.

What should I do? What are the chances that I could win in court? Does the law say a driver isn't allowed to hold a phone, or even transfer it in my case?

Thanks for any help.

 

[sx_turbo]

it's your word against his i reckon mate.

some cops are idiots some are ok.

other than going to court i cant think of a way round it

 

[Idrees]

My mate can obviously speak for me and clarify he was using the phone and only passed it back to me. Would that be any help? I had two more passengers in the back too who could confirm this.

Does that still mean it's just my word against his? Thanks Ricky btw.

 

[y3Lo]

can they do you though for just handling the phone? if so your pretty screwed

 

[sx_turbo]

My mate can obviously speak for me and clarify he was using the phone and only passed it back to me. Would that be any help? I had two more passengers in the back too who could confirm this.

Does that still mean it's just my word against his? Thanks Ricky btw.

yes because there all your friends, so that doesnt really back you up, in the eyes of the law imo.

if you get what i mean.


it's a shame and the officer should be a bit more understanding, because what you done was no worse than changing the radio station theoretically

 

[skyinsurance]

Just take in on the chin fella. Go to court if you fancy a bigger fine and more points. Unfortunately this is how things usually work

 

[Gee]

You literally touch the phone while driving and they can do you mate. Does not matter if you were on a call or not.

If it was the coppers word against the persons on the phone, we'd never get tickets or fines.

 

[Idrees]

Yeah Ricky I see where your coming from.

Gee do you know where I can see the legislation for this? I'm gonna Google it now infact.

 

[GTdan]

may be worth nipping to your local police station and checking with them if your allowed to handle a mobiel whilst driving - see what is written in the law before deciding what to do.

 

[sx_turbo]

with a bit of luck mate you can get the fine revoked or something with a stroke of luck.

i do feel for u idrees, it's a shitter specially when your only young and have enough trouble getting insured as it is

 

[dan]

Kellys Ben got 3 points and a fine for handling his phone, basically his phone i think fell off the chair in his works van and under his pedals. And was seen with it in his hand by a passing copper.

Not much you can do , as above take it on the chin cus if you go through the courts you'll have all the court fee's to pay etc and probably come off alot worse.

 

[bigdoods]

say to him "what phone".Its 4 against one at the end of the day.then start into a rant about car enthusiasts been victimised all the time.get onto the news of the world then and who knows you could even make money out of this one mateah no seriously though,these things happen,if the odds of you beating him in court is high he wont go to court as it will make him look bad been bet in court against his peers.and could damage the chance of his promotion by the police force having to pay your court fees if he loses.

 

[Idrees]

Ricky if he did me for speeding or something I wouldn't feel as shit as I do now. Or even if I was actually using the bloody phone!

I got pulled again after this just for a routine check and I asked that copper what I should do about because he was a nice bloke. He said that even if I do lose the case they can't give me anything worse that the penalty I already have!?

Bigdoods, when I asked him what he's going to do if I didn't hand my licence in he just said I'll report you for not doing so. I said no I wanna take it to court so how should I go about it? He didn't answer my question and just demanded I hand in my licence. Maybe your right, and he doesn't wanna see me in court. Who knows?!

 

[KrissyB]

I would honestly say what phone matey he was ridng next to you right were his eyes actually on the road ????????? For all he could have seen your Friend get the phone out of his side but t looked like it was you through his visor and your window in the dark.

I would just say what are you on about in court how could you possibly see me through a visor and my window in the dark while riding a motorcycle.

 

[Captain Starlet]

you could try court idrees but you might be taking a big gamble espically since you`ve just passed mate.

you can get 3 points for making a phone call or also texting on a phone(which is more dangerous) so id think he`d try and get you on that account

sorry to hear it tho bud

 

[Idrees]

KrissyB I admitted holding the phone at the time so I don't wanna change the story because it would look obvious that I'm lying.

I have just copied this from a Government website:

Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2. The Road Vehicles (Construction and Use) Regulations 1986[2] are amended by inserting after regulation 109 -

" Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;

 

[Blak_Mamber]

I'd say you have a good chance then when looking at the law stated above....

 

[KrissyB]

KrissyB I admitted holding the phone at the time so I don't wanna change the story because it would look obvious that I'm lying.

I have just copied this from a Government website:

its a shame fella you admitted to it in that case maybe consult a lawyer of some sort

 

[sx_turbo]

(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

i think that pretty much say's even if you are holding it it's an offence.

sorry mate.

or maybe i have interpreted it wrongly.

 

[andybill]

did you give him your license and also did you get a proper ticket/ letter through for your fine ?

I would contest it to be honest Idrees, the person who made the call can they confirm it wasnt you they spoke to ? Aslong as you know that you didnt answer the phone in anyway then i would seriously take em to court/threaten to take to court.