Zona

[Zona]

I am an Evri courier and uber driver, I was stationary at the lights and my uber app was ringing. The uber app overrides the sat nav and I took out my phone from the holder and ended the uber job. ( the reason I removed it was because my had fallen and the screen needs a good amount of pressure for it to work)

A police officer saw me and pulled me over, I explained what happed but she reported me anyways. Now I have received the letter from surrey police to pay £200 and 6 points. I have 3 points on my license and my license hasn’t been upto 2years which means that I will loose my license.

Losing my license is tantamount to losing my life and I can only earn when I deliver parcels and food, I have a family that depends on me. I haven’t sleep a wink for 2weeks now and I don’t know what to do. Please any advice will be very helpful

[EXC]

Hiya

I've moved your post here.

I'll give islandgirl and HandyAndy a shout for you.

[HandyAndy]

If you decline the fixed penalty offer made by the police, they will prosecute you in court.

If you are convicted either by way of a guilty plea or by being found guilty following a trial, the court must impose six points as it is the minimum under the law. The court will not disqualify you from driving. Instead, when the DVLA is informed of your six points, they will write to you revoking your licence. The court has no say in this – it is not a judicial decision where the court can exercise discretion. It is an administrative process which the DVLA must carry out (they have no choice in the matter).

As soon as your licence is revoked you can apply for a new licence and begin driving again as a provisional licence holder. You will have to pass your test (both parts) again.

There are two choices available to you (if you do not accept the fixed penalty offer). The first is to plead not guilty in court. From your description, the chances of success with that are almost zero. If you are convicted following a trial the fine and prosecution costs will approach £1,000.

The other option is to plead guilty but to ask the court to consider that there are “special reasons” not to endorse your licence and impose points. The reason(s) must be connected with the offence itself, not your personal circumstances. The only reason I can think of is that the offence involved only a very short episode of using your phone. That reason is very likely to fail anyway, but when you explain that the phone must be taken from its holder for some functions, it makes it even weaker.

I’m afraid I cannot see any way you can avoid six points.

[islandgirl]

Zona I am sorry to hear about the issues you face but you were "using" the phone according to the law - I saw someone lose an appeal for being in a queue of traffic and just picking up and moving their phone (they said) within their car. Handyandy is an expert in this area and offers good advice. Perhaps try to be positive and look for other work - I know that is easier said than done but it may be the start of a new future for you. I hope so. Let us know what you decide please and what happens going forward.