going to court....for touching a mobile!!

[lightning]

Edited

 

[Richy]

oooooh, i would've went to town on a cop like that. If he's got an attitude, he'll get one back, saying that 99% are reasonable, even when they are issuing you a fine

I normally just glance down at the phone to see who it is, keep it on the passenger seat, or if ive got a passenger, they become my receptionist

 

[pablo]

technically he may still be in the wrong - is it not illegal to "use" a phone? Not just talk on one?

Even lifting it to look at it may be breaking the law.

Dunno tho just a thought

 

[brendy]

phone or not they can say you temporarily crossed a line or wernt concentrating, same as careless driving.

 

[Bilal]

bast!ds

 

[Graphic_chick]

technically he may still be in the wrong - is it not illegal to "use" a phone? Not just talk on one?

Even lifting it to look at it may be breaking the law.

Dunno tho just a thought

sure fitted hands free kits are legal are they not......

what about their radios are they aloud to use them while driving? is that not a tempoary distraction?

local friendly police constable was on the way to a call out at the weekend, did a dukes of hazard stunt over a roundabout at 80mph and straight into someones glass fronted house in the police van... just shows were safer than them

 

[CarbonKa]

as pablo says, it's illegal to hold one while driving, not illegal to use one (hence why hands free kits are ok) silly rules, but what can ya do? Best bet when stopped is often bite your lip, apologise profusely and look very ashamed, even when you've done nothing wrong. you can appeal it later if he does book you!

 

[pablo]

hands free are ok as you arent using your hands. Its silly but thats the way it is

 

[Tigger 172]

hands free are ok as you arent using your hands. Its silly but thats the way it is

Yup hands free is fine..
...as long as you are still paying attention to the road and have full control of the car

phone or not they can say you temporarily crossed a line or wernt concentrating, same as careless driving.

True - the phone must never be in your hand while the car is in motion

 

[m00k]

it is silly cos even wit hands free u need some interaction to actually accept the calls, altho each system is different, most will need u to press a button either on the fone or on the kit

i'd deffo seek some more advice on it cos careless wudnt b nice on ur record!!

 

[Porter]

get a record of your phone calls in and out, and in court show that at the time of the offense u had no calls to or from that number, if he is doing you for 'TALKING on ur mobile'

also with that it would be hard to prove you touched it, esp if no calls were made or received!!

 

[big cyril]

Mmmm ,

not sure if the sergeant or whoever has to sanction prosecutions will allow this to proceed as it is at best debateable whether he 'used' the phone or not and they probably will not want to be seen to be persecuting motorists , especially one who actually did not answer the call!

Keep us posted if you can.

 

[ray]

the cop musta been a right **** head theres no way he can prosecute some1 who didnt use their phone

he might get fined for holdin the phone as he isnt concentrating on the road

 

[therock]

What about when you blink, sure you take your eyes off the road when you do that, and therefore are not concentrating on it.

 

[Nicky]

the phone must never be in your hand while the car is in motion

what about fiddling with the radio, lighting a cigarette, drinking a bottle of juice (nothing else) or even eating something, like many people do etc etc ???

he should definately appeal this 1, because that law is a load of sh!te, like many others, but seek advice from the CAB, or maybe even his solicitor..

best of luck to him

 

[Nicky]

get a record of your phone calls in and out

also with that it would be hard to prove you touched it, esp if no calls were made or received!!

good point.. heard of people getting away with different offences with this kind of thing..

it will come down to the officers word against the poor, innocent civilians

larger things have been chucked out of court

 

[stevieturbo]

sure fitted hands free kits are legal are they not......

what about their radios are they aloud to use them while driving? is that not a tempoary distraction?

local friendly police constable was on the way to a call out at the weekend, did a dukes of hazard stunt over a roundabout at 80mph and straight into someones glass fronted house in the police van... just shows were safer than them

You arent allowed the phone in your hand at all whilst the engine is running basically. That includes stopped in traffic. You must be parked up, engine off otherwise you are still deemed to be in control of the vehicle...
The law really wasnt made clear when it was passed. Speeded through Pariliament, as are so many anti-car laws now, withouth most people even knowing about it until its too late.

Hands free kits are allowed, in that you push one button to answer etc. Thats it. You arent allowed a phone in your hand at all. One button answer, one button hang-up.

Strangely any form of 2-way radio is allowed. CB, taxi etc but provided it doesnt cause a distraction.

 

[Woodcutter]

That's ridiculous, your mate must feel pretty hard done by.

Mobiles have to be in a cradle on the dash, the crazy thing is you can read or send a text if the phone is in the cradle, but to me you're less in control using it in the cradle than you would be if it was in your hand (I mean to text or read who's calling you, not speaking to someone with it at your ear!)

I think I have our company policy on using mobiles when driving, I'll try and dig it out tomorrow and post it up.

 

[wingnut]

It's 3 points for using a phone now isn't it?

 

[stevieturbo]

Not sure on the points, but using a mobile whilst driving, is now treated as quite a serious offence.

 

[Woodcutter]

I think it's just a fine.

Maybe they could do you for driving without DC&A, I'm sure that would add a few points.

 

[ian]

it was prob some young new trainee on a power trip like alot of the police these days

 

[Porter]

the way to take this im just thinking,

get the records of the phone, then at court get your solicitor did he see u using it?, and if so how long was he watching?, then when he answers put it forward with the call records and will ask what exactly he was watching then as no calls were outgoing or incoming. Will make a right farse of the case ( not to mention the police man lying on oath) and will be thrown out immediately. I cant see thew judge proceeding with it anyway.

twats

 

[-Pete-]

the police also dont have to wear seatbelts either. one rule for us another for them.

i think it will be dropped. its a lot of bother for them to take that to court on such weak evidence. as said, bigger things have been thrown out. he might have just been new and wanting to be super keen! you wouldnt know. but i would say fight it all the way

 

[Rob]

what about fiddling with the radio, lighting a cigarette, drinking a bottle of juice (nothing else) or even eating something, like many people do etc etc ???

My mate got an on the spot £30 fine for smoking at the wheel, and there was a front page head line in one of last year's papers of some woman who went to court for eating an apple...