RL180390
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I don’t know what the outcome would have been as my solicitor didn’t seem keen to want to explore down that avenue. I suppose in the end I have to admit I my actions were wrong in part and show some remorse. Judging by the general mood and the vibe my solicitor was giving off today, would have been a very difficult case to fight to say I was completely in the right and really I suppose I’m innocent based on a technicality of the legislation. Rest assured this will never happen again and it went too far for a offence so minor considering the circumstances.
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The trial was yesterday. The Prosecution changed the charge last minute to ‘careless driving’ which I have pleaded guilty. They claim they were ‘persuaded’ to do this by my solicitor so outcome is 3 points. £85 prosecution costs and £225 court costs however the solicitor has secured a bag nicely. The problem as to whether I was guilty or not of using a handheld mobile device whilst driving was dependent on whether my phone was connected to the internet at the time as to fill out the interactive communication part of the law, I am unsure at the time whether it was connected to the internet. I queried the handheld element with my solicitor, his interpretation was that if the phone was touched it would count as being held? Solicitor advised me to plead guilty to the lesser charge as the risk was too high with what the mobile phone charge was dependent on as one would assume that to play music off the phone it has to be connected to the internet... it could have went either way but the risk was too high. I’m ok with the result, I can’t say I was completely in the right, the money is recoverable and I get to keep my licence. Taken a full year to find a resolution, I’m just glad it’s all over...
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Matter of seconds where I was stopped to change the music on my phone. I know whether there was no harm or danger to myself has no bearing on the outcome as on another day, it may have . My point being in this case, they could try and say I was driving without due care or attention.. I’m not sure what evidence they have to prove that though. To be honest I have not queried what defence my solicitor will be offering as for months and months I had heard nothing from the police or the CPS. It is something I will chat about with him tomorrow.
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I am aware, also my colleagues have said the police are bound by duty to attend court and have to provide a very good reason as to why they will not be attending if they don’t attend. I don’t know how true this is but one of them is a Special Constable so if anything they would be well informed. So there are a limited number of outcomes: A) I am found guilty and face the consequences of getting my licence revoked and 6 points on top of fine up to £1000, will have to take both theory and practical to get my licence back and also have a raised insurance premium for having a driving conviction on my record. ( This outcome seems very very harsh considering the circumstances of my case but it is a possibility and I accept that). B) There is not enough evidence for the police to secure a conviction and case is dropped. C) Hearing goes ahead and magistrates finds me not guilty.
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Not sure what the smiley face is for but I’ll take it. Any positivity is welcome and needed
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Thank you for explaining this. It is much more clear in my head what needs to happen, I will be asking the officer to attend especially as she told me the punishment could be a fine or points or a mobile phone safety course or nothing. My solicitor will be representing me, I contacted them in February right at the start and have paid a fixed fee. It seems to me the only evidence that the police have is the word of the officer as my phone records will work in my favour, I maintain no interactive communication was made and at no point did I hold my phone and also it was a matter of seconds, there was no harm or danger to myself or anyone else. Safe to say since this incident, I have been very very careful with my phone and touching it at all when I am driving.
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I have a defence and I have made my solicitor what that is. I have told the truth all the way along and have nothing to hide, I am ready to face what needs be done. I am speaking with my solicitor tomorrow which I can ask some very important questions. I am surprised in my situation that it has got this far as the police have next to no evidence that I was using my phone as set out by the wording of the law however seeing as the case has to be approved by the CPS, they must feel a prosecution can be secured. I will query tomorrow what the solicitor thinks the police will base their case on and how the barrister will combat that alongside a number of other significant questions. I am slightly nervous as have never been to court before but as time goes on I am less nervous as it is in the solictor’s/barrister’s hands now.
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Sorry I should have clarified. Firstly they sent me a Single Justice Notice Procedure which asked for my plea and stated I would get 33% off the fine if I pleaded guilty at this stage, which comes across to me as some sort of bribe. I’ve sent a Not guilty plea online and submitted a reason under guidance of my solicitor. In reply to this I have received a letter titled Summons on Referral to Court. Reason is for a case management hearing, actually after reviewing the document. I think that might be the actual court hearing but I thought I read somewhere it was hearing to decide actual court date, must have imagined it.
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Further update. Hearing on the 12th of October (9 months after alleged offence) to decide when actual hearing will be. Will update further when I can.
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Hi, Just a quick update guys 3 or so months from the alleged offence date. I have received a summons. Will again update once it is all over.
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Just an update. I have started proceedings of instructing a solicitor today. Will update when possible. Thank you for all your viewpoints and advice regarding this matter.
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The solicitors that I have spoken to have advised that I use the wording of law to my advantage. It is exactly what happened in the Jimmy Carr case. Something that took seconds to do literally has turned my life upside down. I am absolutely positive I would have managed to get home safely without causing any problems. It’s true I took my eyes of the road for a few seconds whilst I was stationary but I had to stop anyway to give way to the car coming from the right. I used that opportunity to quickly do what I was doing and thought it was the correct thing to do because I had stopped and not cars or anything was around at all. The officer stated to me that I was ‘unaware of my surroundings’ and ‘was there for some time as she had enough time to turn the car around’ obviously I would say this is an opinion based on her judgement. There was another officer in the car. He didn’t really say much, my impression of him is that he didn’t really want to ticket or wouldn’t have ticketed me for the alleged offence. However they could have just been acting out the ‘good cop, bad cop’ routine. The police are right, I was using my phone but not for the purposes of interactive communication or enough to distract me from driving safely considering the circumstances. I mean if the road was full of traffic, I agree I would hold my hands up. Not that this has any bearing in the court of law at all. Can the prosecution change the offence in court if they wanted to? For example to driving without due care and attention? I have learned so much about this offence and the ins and outs of the legislation since receiving the FPN as literally this incident consumes me. It’s the first thing I think about when I wake up and the last thing I think about when I go to sleep. I guess I should have been more clued up before, at the age of 27. If I knew everything I knew now about this offence. I would have definitely put my phone in the glove box every time I enter the car to drive as to save myself from any hassle. I have also seen this in the first few days after I was pulled over. That is why I haven’t acted upon the FPN yet. https://www.pattersonlaw.co.uk/faqs/using-iphone-mp3-player/
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Do you think I’m better off in taking the 6 points on the chin and dealing with the consequences. Just as I thought the most appropriate time to do anything to do with my phone whilst driving is exactly the situation I was in, literally ghost town with no one on the road. In any other condition, I would have not touched my phone at all. It was something that maybe would have took my 5 seconds maximum and I would have been on my way. I had no intention of using my phone for the purposes of making/receiving a call/message or accessing social media. All I really did was 3 taps and one swipe to get what I wanted. I guess my judgement of the situation was incorrect and shouldn’t be swiping the phone at any point unless if parked in a safe place with engine off I think if I followed your advice, the magistrates will definitely find me guilty. The legislation states that it does not matter whether you were stationary. Car has to be parked in a safe place and engine off. The only way out of this is to prove that the phone was not held in my hand and that it was not used for an interactive communication as defined by the law however as an MP3 player, adding to this I think I must also show that I was not distracted from the road in the course of my actions.
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I understand this but for this offence to be complete the device must be held in the hand at some point of said alleged offence. That is guidance set by the Crown Prosecution Service. I’m sure the are functions of a mobile that you can use whilst driving as long as it does not distract you from the road. I feel the punishment considering the circumstances is harsh. I would have chose the song and got home safely without causing harm or danger to myself, others or the environment. I think because people keep using their phones inappropriately, accidents and fatalities keep happening and previous sanctions were not enough of a deterrent. Whenever an officer sees anyone touch their phone whilst they are driving, they get ticketed straightaway as to enforce a zero tolerance policy. I understand the need for this but in my situation, I am very unlucky. Basically what the law is saying is that I deserve my licence revoked, to be fined and to have to put up with higher insurance premiums for literally changing the track in my car. It just happened to be that the source of the music is my phone. In the early hours of the morning with (next to) no traffic around at all. I’m sure the ticketing officer could have use her discretion considering the circumstances of my case, I know she is not obliged to but if I had been scrolling through the radio stations, it would seem I would not be any trouble at all.
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I know that is Surrey Police but surely the law/practices needs to be consistent throughout the whole country?
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