caught holding my phone phone while supervising a learner driver

[david?]

hi , hope everyone is well , but need some advice back in December 23 i was out with my son in his car he was a learner driver , i was in the front and the police pulled me over stating i was holding my phone with my thumbs , they state they saw me for 4 seconds as thy drove past from 3 meters away . i was only moving the phone from the Centre console as the mobile was is the way of the gears and distracting my son from driving. i have checked my phone records and i was not calling or texting anyone at the time. has anyone come across this before . is it worth going to court and plead my case or not. i think there might be a lesser charge i could request which is not being in proper control of a vehicle . any help would help in this matter , thanks

[PallasAthena]

Tagging HandyAndy and islandgirl

david? you have also posted this on another thread here which is confusing, especially as the posts aren't identical!

The other thread is here:

caught using my mobile device while supervising a leaner driver - LegalBeagles Forum

[david?]

hi , hope everyone is well , but need some advice back in December 23 i was out with my son in his car he was a learner driver , i was in the front and the police pulled me over stating i was holding my phone with my thumbs , they state they saw me for 4 seconds as thy drove past from 3 meters away . i was only moving the phone from the Centre console as the mobile was is the way of the gears and distracting my son from driving. i have checked my phone records and i was not calling or texting anyone at the time. has anyone come across this before . is it worth going to court and plead my case or not. i think there might be a lesser charge i could request which is not being in proper control of a vehicle . any help would help in this matter , thanks

hi yes sorry new to the platform ,caan you help

[HandyAndy]

The legislation says that you must not have been "using" your phone. It doesn't say you cannot hold it or move it from one place to another.

The term "using" is now very wide and covers just about everything you might do with a phone. But simply holding it does not meet the bill. If you take this matter to court it is the job of the police to prove that you were using your phone. Do you think they could do that?

i think there might be a lesser charge i could request which is not being in proper control of a vehicle .

There is a lesser charge which is sometimes used to prosecute mobile phone use. But, unlike the mobile phone legislation, it only applies to drivers, not those supervising them. In any case, it's not for you to "request" one charge or another. That is a matter for the prosecutor.

[islandgirl]

I once heard a similar case where someone said they were moving the phone from the dashboard to the seat as it was in the way of their vision and they were seen by the police and prosecuted for using the phone - I seem to remember that was a not guilty after trial but it is a long time ago

[david?]

also there where 2 police present , the witness statement , if from the police driver not the other police man , for some reason could this matter ,surely he should have been looking at the road driving

[HandyAndy]

...surely he should have been looking at the road driving

Don't even go there. Police officers are trained to do other things whilst they are driving.

The issue you have to decide is can the police reliably testify that you were using the phone? It seems a bit of a stretch to say they can when they saw you for just four seconds as they were passing. When you say "passing" I assume you mean overtaking you. If so it is particularly puzzling if the police driver can reliably say what you were doing because between him and you would have been his passenger and your driver. Or did they pass you in the opposite direction (in which case it is unlikely they would have had you in close sight for four seconds)?

On the other side of he coin (from the court's point of view) it shouldn't take four seconds o move a phone from the centre console. And even if it does, they may find it hard to believe that you did that at the very precise moment the police car passed you.

Is it possible for you to post the police statement up here (suitably redacted)?

[islandgirl]

From government site : It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

• stopped at traffic lights
• queuing in traffic
• supervising a learner driver
• driving a car that turns off the engine when you stop moving
• holding and using a device that’s offline or in flight mode