getting caught

[jammy76]

ive just got caught holding my mobile whilst driving i refused fixed penalty does any 1 know what timescale before i get court summons and is there a law which says if u dont hear nothing within this time they cant prosecute? THANKS

[eyebrows]

6 months i think.....but believe me, if you refused a fixed penalty more fool you.....

and i cant see them forgetting about it either.....sorry pal....

curiously why refuse teh fixed penalty?

[laurence2]

Holding your mobile whilst driving?

Or using your mobile whilst driving?

[jammy76]

i refused fixed penalty because my phone was in my pocket so i took it out with my left hand passed it 2 my right hand to put down side of the door the copper didnt even see my phone afterwards so whats the proof i even had my phone can they check my phone in court to prove that i was not on it?

[gouldc]

The police can not only check your phone, but they can also obtain your phone records from your provider (they can obtain these even if you;re on pay as you go).

However, if you were not using the phone, I can't see the issue here.

Did they ever prosecute that guy who was eating a Mars Bar whilst driving a while back? I think the crux of the matter is being in full control of your vehicle at the material time.

It seems a little petty given the amount of people who don't drive with both hands on the wheel - I drive taxi style (ie one hand on the wheel, one on the gearstick), so technically I'm not in full control of the vehicle

[Sasha13]

Yup - I seem to recall it's not using your phone that you get done for, it's picking it up - not in full control of the vehicle.

They sometimes check phone records to prove someone was holding it.

But I think, given what you've said, that you'd be very lucky to get away with it.

Where's Ethel when you need her?

[laurence2]

They can check your phone to see if you was using it {see solicitor for advice}.

Why did he pull you over in the first place? was it because you only had one hand on the steering wheel whilst swapping your phone from one hand to another

[eyebrows]

what about changing the radio then, or drinking a drink, of leaning into the back seat to pick up that bottle of water you kept there for when you were hungover?

[Reverandfunk]

What about when you change gear? One hand on the wheel then.

Next it will be banning stereos because singing effects your driving and having music very loud effects your concentrate.

Talking to passengers will also be outlawed.

[laurence2]

eyebrows.

How long have you been driving?

If your not in ''FULL CONTROL'' of your vehicle the police have the right to charge you on this no matter how minor we all think these things are.

[eyebrows]

2 years.....all be it teh last one was toungue in cheek, i cant imagine how taking your phone out of your pocket to put in the car side pocket is that wrong....

Its no different to chaning the radio, doing up your window (if manual) etc?

[Reverandfunk]

My point exactly eyebrows lol

How many accidents are caused by people looking in the glovebox for a cd or ar5ing about with their sat nav?

[eyebrows]

i can agree USING your phone is wrong....but taking it out your pocket? come on?

Hey Reverand - are you following me....?

[Sasha13]

People have been done for drinking a drink, and for leaning into the back of the car under the same 'law' as holding a mobile - can't remember if it's driving without due care and attention or something else. Did have a link, but can't find it.

As for changing gear - I guess this is exempt because you don't need to take your eyes off the road and it is momentary. And it'd be pretty hard to drive without doing this.

[gina32]

why did the poice stop you?

[Reverandfunk]

You could move phone from pocket to pocket looking at the road and go in the glovebox while looking at the road lol

Eyebrows you should be so lucky lol

[eyebrows]

you dont need to LOOK at your pocket to take a phone out, nor to put in teh car door....?

i agree people get done for it, but i cant agree that its right....

[Ethel]

How on earth were you caught if you simply took something out of your pocket and put it in the side pocket?

Was the officer driving alongside you at that very second to get such a clear view of a very momentary act?

And if he was - why didn't you see him?

[tigwig]

that exactly what I was going to say Ethel. Jammy are you sure your being completely truthful here? Were you really getting your phone out to make a call or answer one then realised you were been watched so decided to quickly put it down the side of the door?