using mobile phone whilst driving

[Amy]

Re: using mobile phone whilst driving

I wouldn't think so to be perfectly truthful, it's more than likely just a simple mistake that can be corrected.

[Guest]

Re: using mobile phone whilst driving

As above, this is termed a "slip error" and will be corrected. This type of error does not change the validity of the statement.

[hector-go-go]

Re: using mobile phone whilst driving

thanx for the replies - pretty much what I thought to be honest - I am trying to bolter my case as much as possible so I only get the PCN fine (£60) - & no court costs - so any other advice would be gratefully received
thanx
Hector

[hector-go-go]

Re: using mobile phone whilst driving

Hi all
Can anyone advise me if the following is correct-
The reason I was not given an immediate Fixed Penalty fine was because I could not produce my licence as it had been lost in the post when being returned by the police.
I am using this in mitigation as to the fine being reduced to the Fixed Penalty amout of £60.00
thanx
Hector

[Paule]

Re: using mobile phone whilst driving

Hi all
Can anyone advise me if the following is correct-
The reason I was not given an immediate Fixed Penalty fine was because I could not produce my licence as it had been lost in the post when being returned by the police.
I am using this in mitigation as to the fine being reduced to the Fixed Penalty amout of £60.00
thanx
Hector

How about this

The fixed penalty is a conditional offer. If you have more than 8 points already on your licence or you do not hold a UK driving licence your offence will be dealt with at court.

It could be probable that due to the fact that you werent in a postion to produce your license (either at the scene or within 7 seven days to a police station), is the reason it went to court.

[Paule]

Re: using mobile phone whilst driving

I will just be devils advocate here and say it how I see it

The reason you couldn't produce your license at the time is because it was in the process of having points added to it for another motoring offence.
To me this wont paint a decent picture to the magistrate of your driving charactersitics.
Although it is procedure and your right to challenge it, it will boil down to a person to decide again, and basically disagree with their colleague.
I would say that you wont avoid costs as this is 2nd court case for the offence.
Anyway thats how i see it with no bias

This next quote is just for reference to anybody who is unfortunate to get stopped by the Police.
I have posted it before on the forum, but it could save you problems.

The Attitude Test

Police Officers are human beings. They suffer from mood swings, delicate and sometimes over-inflated egos and an assortments off common human frailties. It will serve you well to remember this if you are stopped by a police officer for speeding or any other motoring offence.

When an officer first approaches you you will be subjected to a test. This is not a test of motoring knowledge or skills or anything off the like – this is what the police call “The Attitude Test”.

Fail this test and you are almost certain to receive a ticket. Pass it and you may still receive a ticket, but you surely reduce the chances. So use the fact that the police officer who stops you is a human being to your advantage. He or she is likely to respond more positively to a calm, courteous and reasonable motorists.

[hector-go-go]

Re: using mobile phone whilst driving

just to conclude this thread
spent all morning in Magistrates Court - it was an eye opening experience to say the least. The number of people who had no representation & clearly had no idea how to represent themselves was frightening!!
I carefully explained my case to the Magistrates (with supporting paperwork for my lost licence) & my fine was reduced back to the Fixed Penalty amount (from £160) & the court costs were removed. No reason was given as to why this information was not taken into account at the postal hearing. I guess it is always better to be there in person, even though you are encouraged to keep it simple for the courts by pleading guilty by post.
I still had the £15 extra costs to pay for the victims support tax but I was happy to pay the total of £75 rather then the previously judged amount of £225.
I was thinking abou this after & despite having to pay extra (replacement cost of the licence that the police/post - time off work - travel expenses to court & the victims fund costs) I did feel vindicated that I had won a small victory in not allowing the charge to spiral out of control.
Thanx to everone who offered advice - it was greatly appreciated.
Hector
------------------------------- merged -------------------------------
as a reply to PKea
Totally agree regarding the attitude test - should apply to many meetings in life - not just with the police. The officer who stopped me was OK - I did not have a problem with him nor him with me.
As regards the court costs - I believe that if you are charged & fined for one fixed penalty offence it should not be an influence over a future fixed penalty offence (there were approximately 8 months between the offences - which were my first points for 18 years)
As you say , it is a matter of interpretation, my good fortune that it went in my favour.

Glad you weren't on the bench PKea

Hector

[Xena]

Re: using mobile phone whilst driving

Excellent, well done

[Tools]

Re: using mobile phone whilst driving

Well done Hector.

My thoughts on this are, you committed an offence, you were caught, you did not dispute it, you were penalised accordingly and fairly. I am not judging you, as I have received the same FPN myself before. You have dealt with this maturely and not tried to dodge it on a "technicality", but fought your corner, quite rightly so as not to be fined in excess because of circumstance.

On Monday, I accompanied my Nephew to court,(after only been given the full story Sunday night) to defend a summons where he had failed to notify the DVLA of a change of registered keeper to a car the DVLA never sent a log book for and had since been repossessed by the finance company after him losing employment.

He was facing a possible fine of £1000 + costs, which he would have had no way of paying. He was not going to attend, but after an arse kicking from me he did with me speaking for him. He left the court after I managed to persuade the DVLA rep to drop the case with no fine, no costs and no further action.

This stresses the need to attend court without fail and represent your case in a clear and concise manner. ALWAYS ALWAYS ALWAYS attend court.

[Amy]

Re: using mobile phone whilst driving

Excellent result Hector, I really am pleased for you.

I also believe it is the right and just result. I see no reason whatsoever that you should have been penalised simply because you could not produce your licence through no fault of your own, which essentially is what was the problem here.

I'm glad you got a magistrate who had a semblance of common sense; a trait I believe to be quite rare these days.

[madison11]

Re: using mobile phone whilst driving

well next time don't use your phone anymore whilst driving to prevent you from being caught and pay fine again...

[alsagerman]

Re: using mobile phone whilst driving

Personally, and this is my own opinion, I would fine anyone caught using their mobile whilst driving the equivalent RETAIL cost of the phone. The rules are simple to understand, we all know them and using a mobile whilst driving is a blatant disregard of those rules.

On the different subject of the fine; if a fixed penalty notice is the normal fine, to adjust that on the whim of an individual is clearly out of order.

[bluebottle]

Re: using mobile phone whilst driving

Using a mobile phone whilst driving is dangerous. The most reckless act I have seen, involving a mobile phone being used whilst driving, is that of a lorry driver, driving a 7.5-tonne GVW lorry, loaded with gas bottles, driving through a built-up area.

The size of a fine will be determined by both aggravating and mitigating factors. As a very rough guide, if the offence was committed on a quiet road, with little road traffic and little or no pedestrian traffic with no danger or potential danger caused, a £60 fine might be appropriate, but if the offence is committed on a busy street with pedestrian crossings, a lot of pedestrians and other vehicles, that could be considered to be aggravating factors, as there is a greater likelihood of there being a collision.

[wales01man]

Re: using mobile phone whilst driving

To all those who start grizzling when caught using a phone while driving dont do it then you will not be fined and not get 3 points personally i would like to see an instant 1 month ban phone destroyed as much as many of us dont like some laws they are there for us all we cannot be selective

[bluebottle]

Re: using mobile phone whilst driving

Unfortunately, the government's car-crushing antics are likely to be legally-challenged. John Reid, when Home Secretary, advocated crushing people's mobile phones and it never came to be. The last and this government have, unfortunately, been seduced and mislead by major corporations and so-called "business consultants" who have scant regard for the rule of law. Their attitude is "change the law". The fact is, you cannot change the law to fit law-breaking. The last Conservative government did this with the TUPE directive (now TUPE Regulations), thinking they could get it set-aside. It came as an awful shock to them and right-wing employers when they found out they could not change the law in that way and had to obey it.