single justice procedure notice with two offences

[Obaid]

Hi all

I’m an International student, and my kids and I were stopped by the police last August who claimed that I was using my mobile phone while driving and then they asked me to show them my licence and showed them my international license and provisional license. I recently received a single justice procedure notice with two offences (using a handheld mobile phone while driving and Driving Otherwise In Accordance with a Driving Licence )

As my English language is not good, I was very nervous when they asked me if I was using my mobile phone, but I tried to be relaxed and I replied that I was using it for google map while it was on the holder but while I’m driving it drops down and hold it to get it back but I was never holding it in my hand and use it while driving. In the witness statement, the officer said I admitted to using google Maps!! but he did not mention that I used it while in the holder or any of my circumstances I explained to them.

I will plead guilty to “Driving Otherwise In Accordance with a Driving Licence.”

But I would like to hear your advice about using a handheld mobile phone while driving as I’m not familiar with the law here and cannot afford legal advice from motoring lawyers. As I hold it but I don’t use it, I can plead not guilty!!

Also to put you in the context, I would like to add that I already have 6 points in my provisional license and I got my full UK license last September, I plan to work on Deliveroo using my car after submitting my thesis next month as I don’t have a job and I’ll leave the UK at the end of the year and get back home.


I would like to get your advice and suggestions so I do not be banned from driving during the next six months.


Thank you for any help you can offer.

[HandyAndy]

The law simply says that a device is considered 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". Your description of events is not very clear but if your phone is not permanently in its holder whilst you are driving you will run the risk of being convicted of the offence.

The offence carries a mandatory six points. If you are convicted this will make you subject to the "totting up" rules and you face disqualification for six months. You can avoid this if you can convince the court that you or others will face "exceptional hardship" if you are banned. However, that is not your only problem. Even if you succeed with an "Exceptional Hardship" plea you still face having your licence revoked under the "New Drivers'" legislation. Since you will have gained six points within two years of passing your test, you full licence will be revoked (this is different and in addition to being disqualified). This means that, assuming you are disqualified, when you can drive again you will have to pass both parts of your driving test again.

If and when you do resume driving I believe you will find it prohibitively expensive to get insured - especially as you will need business insurance to work as a delivery driver.

[Obaid]

Thank you so much HANDYNDY for clarifying and I appreciate your insights

It was handheld for few minutes only without making or receiving a call or performing any other interactive communication functions, I held it for a few minutes till stopping and put it back on the holder. Is in this situation I should plead guilty or not guilty?

[HandyAndy]

Why were you holding it?

Were you witnessed holding it by the officers?

[Obaid]

Thanks for replying

Why were you holding it?

I held it for a moment when it dropped down from the holder and then I put it on my lap, that is what I remember
If I know I’ll receive the SJPN after five months, I write everything down to remember it when pleading SJPN

Were you witnessed holding it by the officers? Yes

[HandyAndy]

Were you witnessed holding it by the officers? Yes

I think that if you plead not guilty you will struggle. As I said, the law says that you must not "use" the device whilst driving. A list of examples of usage is provided in the legislation and it includes just about everything you might do with a mobile phone. However, even if you suggest you were not participating in one of those activities, the list is not exhaustive; the legislation says "...the word “using” includes the following—". I believe it would be difficult to convince the court that you were not "using" the phone.

[islandgirl]

I agree that would be difficult. I have sat on a few similar cases. In some the driver won, but that was more back in pre smartphone and data days when you could check a phone and see if a text or call had been made or received. If you go not guilty you will be firecely questioned. Why did you not get one of the kids to pick up the phone? How did it fall? You could run the case on holding not using but, as above, it will be very difficult and you really should get some legal advice especially as you stand to get a ban if found guilty and will certainly be disqualified as a new driver (as pointed out above). Most solicitors give a free half hour assessment of your case and the costs of taking it to court.

[Obaid]

Thanks for replying HANDYANDY and ISLANDGIRL

Please could you tell me if I need to include only the mitigation letter or also the exceptional hardship letter with my plea?

Or after I plead and in case I’m banned, I’ll have the opportunity to provide exceptional hardship?!!

Also please do you know if I can postpone the hearing date or trial date easily?

[islandgirl]

Why do you need to postpone? You would need extremely good reasons - trying to avoid the ban by avoiding the trial / sentencing is not a new ploy (not that I am saying you are doing that, just that it is what the court may suspect). Exceptional hardship has to be truly exceptional - most claims fail. And as Handyandy points out you will lose your licence anyway as a new driver - there is no exceptional hardship route out of that one. Once again get a solicitor's view would be my advice.

[HandyAndy]

Please could you tell me if I need to include only the mitigation letter or also the exceptional hardship letter with my plea?

You cannot make an exceptional hardship plea by post. You must appear in court where you will be required to give evidence of your hardship, under oath.

You need to decide whether you are pleading guilty or not guilty. If you are pleading not guilty you will have to attend for a trial and you need put no mitigation forward unless and until you are convicted. If you plead guilty you will be asked to attend anyway as the court will not ban you in your absence without first giving you the opportunity to attend. You can then put forward your EH argument and any mitigation.

Unless you have a good reason the court is unlikely to agree to an adjournment. Why do you want to postpone?

[Obaid]

I really appreciate your informative reply.

I'm asking about postponing as I'll go home for around one month from the end of Mar to the end of April, and I'm afraid I'll lose the trial if it is determined in this period.

I tried to get advice from three different solicitors and all asked me to pay fees in advance before evaluating my case or giving initial advice, and I really I can't afford it.

[HandyAndy]

You still haven't said - are you planning on pleading Not Guilty?

If so, your first appearance will not be for your trial. It will almost certainly be for a "case management" hearing where matters for the trial - including the date - are sorted out. You can make the court aware of your non-availability then.