using mobile phone whilst driving

[hector-go-go]

Morning everyone
I was caught using my mobile whilst driving by an unmarked police car. He had me bang to rights - did all the checks on the car & was satisfied that everything else was OK.
He told me to expect a £60 fixed penalty notice thru the post in a couple of weeks time but did not give me any paperwork.
I did not receive the Fixed Penalty fine but got a Magistrates court summons instead.
I called the court explained the position & was told to put all this in writing in the mitigating circumstances section, plead guilty & send it in. I should only receive the £60 fine.
I have just received the fine this morning for £160 + costs £50 + £15 = £225.
I called the fines dept of the court & was told the officer can decide at any time to send it to court instead of issuing a Fixed Penalty & the Magistrate can decide the amount of the fine, so that was that.
I am trying to speak with the court to see if there is any appeal to the size of the fine, so in the meantime any advice anyone can help me out with please?
The only slight mistake on the police officers witness statement is the year of the car ( one year out ) - does this make any difference?
thanx
Hector

[Paule]

Re: using mobile phone whilst driving

I was caught using my mobile whilst driving by an unmarked police car. He had me bang to rights

That pretty much sums its up.

You comitted an offence and you got fined.

Dont use your phone while driving in the future.

[StoneLaughter]

Re: using mobile phone whilst driving

Dont use your phone while driving in the future...

...lest rather than suffering the slight inconvenience of a fine, you kill someone due to your inattention to the road.

Absolutely no sympathy at all - this is an "Offence" in every possible meaning of the word.

[hector-go-go]

Re: using mobile phone whilst driving

I am not disputing the "offence" - I was in the wrong & accept the punishment - I am asking if I can appeal the size of the fine.

[WendyB]

Re: using mobile phone whilst driving

Don't think you can, tbh. But best thing to do is contact the court and ask them. Not sure what grounds you would have for appealing though.
If you can't, then you could ask for time to pay, i suppose.

[hector-go-go]

Re: using mobile phone whilst driving

thanx for the reply Wendy B - nice to see not everyone is sitting in judgement.

I have since spoken to the Criminal Justice Unit - they have told me that the reason the officer did not issue a Fixed Penalty fine immediately was that my driving licence was lost when being returned to me in the post by the City of London police. I did have the replacement in time for the court case.
They then told me to request the case to be re-opened (& who to send the application to) they were very helpful so I am going down that route. I will advise how it goes in case it can help anyone else.
I also now believe it is very difficult to get time to pay - the fine becomes a priority debt ( like mortgage etc ).

thanx again

[Paule]

Re: using mobile phone whilst driving

Can you clarify what exactly happened at the scene, as some bits dont tally up, with what you have later posted.

[hector-go-go]

Re: using mobile phone whilst driving

1)using mobile whilst driving
2)flashing blue lights behind so pull over
3)admitted the offence as I was in the wrong
did not have docs with me so gave officer all details - he confirmed tax/mot/insurance/registration & current licence all by his system in the car & by radio
4)explained I did not have my licence back from police from previous speeding camera fine - it was lost in post after they sent it back
5)he said it would be a fixed penalty fine - however as he did not issue it there & then it went to court case ( a court error according to Criminal Justice Unit )
6)it should then have been cleared through the court as a fixed penalty fine but for unknown reason was not
7)so now I have been advised by the Criminal Justice Unit to get the case re-opened & explain the circumstances in the magistrates court - & hopefully it will then be set aside & revert to a fixed penalty fine.

[Paule]

Re: using mobile phone whilst driving

How many points you have on your license?

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.

[hector-go-go]

Re: using mobile phone whilst driving

I have 3 points on my licence currently with another 3 to be added for the mobile phone offence.
The Criminal Justice Unit lead me to believe that the reason it went to court was because I was unable to produce my licence within 7 days even though this was unfortunate circumstance & not by design.
However, they should have taken the mitigation information into account when the case went to court ( in fact it should have been noted when the case was reviewed before going to court & had a recommendation from the local office to issue a fixed penalty fine - apparently)
I will advise the reponse from the local reviewing officer to see if they will re-open the case.

[Happyolddog]

Re: using mobile phone whilst driving

This is just my opinion and I am in no way having a go at you hector-go-go. I have good reason to say that any driver caught on a mobile phone whilst driving should face an instant ban. I worked for British gas a few years ago and was working with four colleges on a busy road, a lorry driven by an idiot on his phone ploughed into three of my work mates killing all three, leaving 8 children fatherless and 3 distraught wifes. I had to get out of that job due to the trauma. So if a call is so important to you, pull over and take it. A car has the potential to kill dozens of people when driven without due care and attention. As for the fine and it increasing that is tough luck as you had already committed a speeding offence and you deserved what you got.

[hector-go-go]

Re: using mobile phone whilst driving

It is interesting to say you are not having a go at me & then tell me it is my tough luck. You do not know me - my life or my cicumstances.
I have been driving for more than 35 years - I have never been in an accident that I was responsible for - I have been hit a couple of times - once when parked in a parking bay - once when sitting at traffic lights.
I have had a total of 12 points over that period - 3 for going thru a changing red light - 3 for going at 45 on a unfamiliar dual carriage way when the limit dropped from 50 to 40 - 3 for going on Tower Bridge at 28 when the limit had been changed to 20 as it is a conservation area & now the 3 for the mobile incident.
I am asking for legal advice which is what I thought this site was about - not moral judgements from unknown preachers.
I am very sorry that the incident happened to you & your work colleagues - I have lost family & friends over the years to illnesses, accidents etc. All of these deaths seemed pointless & unfair.
Should people be allowed to smoke or eat in cars? - should you be allowed to listen to the radio or talk to a passenger? how far do we go with curtailing personnal actions in order to try to account for every eventuallity?
I have no idea - all I was asking for was for some legal advice for my own situation.

[Amy]

Re: using mobile phone whilst driving

Should people be allowed to smoke or eat in cars? - should you be allowed to listen to the radio or talk to a passenger? how far do we go with curtailing personnal actions in order to try to account for every eventuallity?
I have no idea - all I was asking for was for some legal advice for my own situation.

I am with you 100% on this.

[Amethyst]

Re: using mobile phone whilst driving

It sounds like you have done and are doing exactly the right thing with challenging the cock up with the FPN.

The issue is a legal issue, same as if you had had a FPN for illegal parking etc so I completely agree that this discussion should not be about why you received the FPN but how to fix the inflated fee you have had to pay.

I am asking for legal advice which is what I thought this site was about

It is.

[hector-go-go]

Re: using mobile phone whilst driving

quick update - have been given a date for a new hearing at the Magistrates Court - quite happy to go & give my side of the case. Will advise the outcome.
One legal point that I would like some clarification on.
The policeman has on his witness statement an incorrect year for the vehicle age. Does this affect the validity of the statement at all?
Any advice greatfully appreciated.
thanx
Hector