Got Pulled. Need Advice Please.
- Thread starter Idrees
- Start date
contact th police and just to clarify the issue, and whats on the website is correct.
Think the point you may have to prove is that you werent using your phone, as your admitting holding the phone whilst driving.
maybe worth contacting a lawyer/solictor person (free legal advise one) and see what they say...
Think the point you may have to prove is that you werent using your phone, as your admitting holding the phone whilst driving.
maybe worth contacting a lawyer/solictor person (free legal advise one) and see what they say...
Idrees
Banned
I think you read it wrong. That says it's an offence to be using it whilst some sort of interaction communication. I was not handling it whilst it was being used interactively.
Yeah he took details off my license card. And yeah they can confirm they didn't speak to me. Thanks mate I really do wanna take it up in court. Does anyone know roughly how much the court fees would be if I lost?
Idrees
Banned
I'm gonna get on the phone now dude. Will update you guys.
ChrisGT
Member +
(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;
Erm, I think its just defining what can be classed as "hand-held" device. So a mobile phone or any device is deemed to be hand-held if, and only if, it must be held at some point to make/receive a call or perform any other form of communication (texting basically.) That could help as you personally weren't attempting to make any communication or receive a call; merely passing it to a passenger. Get a shit hot lawyer involved and pwn them.
gv1.3
Admin
if the phone was ringing which you said it was and you were passing it to your friend then you were holding it during the course of making or receiving a call... I would imagine you are in violation of the law you just posted.
Had you told the copper you were passing the phone to your friend so he could call someone then the call had not been initiated and you would not have broken the relevant law.
Had you told the copper you were passing the phone to your friend so he could call someone then the call had not been initiated and you would not have broken the relevant law.
Sean_GT
Member +
I can understand talking on a phone in a car but not passing to someone its stupid
Its all a money spinner and an attempt to get the amount of people driving on the busy roads down. Why dont they spend more of there resources on catching people without Insurance,Tax,MOT and people who insure Glanza's as GL's
Its all a money spinner and an attempt to get the amount of people driving on the busy roads down. Why dont they spend more of there resources on catching people without Insurance,Tax,MOT and people who insure Glanza's as GL's
Idrees
Banned
That doesn't apply because he did not see me pass it while it was ringing. He only saw me take it back off him and put it back in my door pocket, while it was not interactive. I didn't tell him that I passed it to my mate because it was ringing, he wasn't interested in any explanation anyway. But I told him my mate used it and I was putting it back in my door, dunno if he listened or not.
gv1.3
Admin
oh okay thought you told him the same story you told us.
If it were me I would go to court. I would say I was expecting a call from someone and so had given my mate the phone so he could take the call. When he had finished talking he hung up the phone and handed it back to me.
Certainly worth a shot.
If it were me I would go to court. I would say I was expecting a call from someone and so had given my mate the phone so he could take the call. When he had finished talking he hung up the phone and handed it back to me.
Certainly worth a shot.
Jay
Admin
My understanding is that even if you are simply holding a mobile phone you can be prosecuted for it. I found this on the web if it's of any use:
http://www.roadsidelawyer.co.uk/que...olding-it-and-not-using-it/?searchterm=mobile
Sometimes you just gotta roll with the punches mate..
http://www.roadsidelawyer.co.uk/que...olding-it-and-not-using-it/?searchterm=mobile
Sometimes you just gotta roll with the punches mate..
Rory
Lifer
I can understand talking on a phone in a car but not passing to someone its stupid
Its all a money spinner and an attempt to get the amount of people driving on the busy roads down. Why dont they spend more of there resources on catching people without Insurance,Tax,MOT and people who insure Glanza's as GL's
Simple answer,
If the police think you can pay the fine, they will stop you (having a nice car helps them see how much money you have)Hence you never see the old bangers stoped rom them
If you drive about in an old banger then they will rarely stop you, as it will cost more for them, as the people will not pay the fine, then it carries on and costs alot more than £30
But yes i agree, it a money spinner for them. Easy money at that.
Idrees
Banned
One copper was ripping the piss out of my car minutes before. I wish this copper thought it was as shit as the other dude did, he might not have stopped me then!
If he is willing to talk about it, means it is winable. Represent yourself, just dress smartly simply tell the judge what happened and aslong as you are polite and don't make a fuss the worse case you will still get your points and fine and costs. Like i said the costs for the police is kept low by government regulations.