Jump to content

RL180390

Registered Users

Change your profile picture
  • Content Count

    24
  • Joined

  • Last visited

Everything posted by RL180390

  1. 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.
  2. 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 interne
  3. 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.
  4. 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 con
  5. 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,
  6. 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 c
  7. 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 deci
  8. 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.
  9. 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.
  10. 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.
  11. 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
  12. 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
  13. 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
  14. Can I answer a phone call with my finger whilst using a hands-free device? Surrey Police has said that these penalties only apply whilst using a hand-held mobile device. This means "the driver is permitted to use minimal contact to accept/decline calls or perform other simple functions, again, with minimal contact, in the way that you may turn the heating up or down". w w w.getsurrey.co.uk/news/surrey-news/mobile-phone-use-driving-your-12679373.am I don’t mean to rebut everything but I have to use everything possible to back my case.
  15. Hand-held / Hand-held mobile phone Regulation 110 (6)(a) states that a mobile phone or device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call, or performing any other interactive communication function. The term "mobile phone" will cover cell-phones and smart phones. Hand-held device Regulation 110 (4) describes a hand-held device as any other device which performs an interactive communication function by transmitting and receiving data, other than a two way radio using specific frequencies. Regulation 110 (6)
  16. It will definitely help however I don’t know the police version of events yet. They may well lie and say they did see the phone in my hand, then it become my words against theirs. Then I suppose I would have to challenge what they think they saw and cast reasonable doubt. My phone is attached to a magnet holder on the drivers side air vent. I suppose in my favour I can say they did not have a clear view from behind me as it was raining and they would have had to look through the head rests to see the phone actually in my hand. If the police say they saw the phone in my hand as they turned off
  17. Sorry can I add to this, the car that was approaching from the right of the roundabout, turned left down the road I was on but travelling the other way and the police car approached from behind me. I believe that the car coming from the right of the roundabout is the police car because the officer declared she had enough time to turn round and come back. It was raining heavily and I only really had a quick glance at the vehicle that came from the right, as soon as I saw the indicator to turn left. I did not pay attention to it as I automatically thought that I was not an obstruction. Looks lik
  18. Apologies, I could see views were well over 100. I wasn’t sure whether the way I presented the information prevented people from wanting to advise me.
  19. I actually sent a letter to the justice department detailing the incident however I received a reply explaining that there is no alternative appeals procedure and that a FPN is whereby I can solve the matter without going to court and the only way to discharge the matter is to abide by the condition of the Fpn or go to court and be tried. Surely my phone records will be of help? Using a phone as a MP3 player surely is not an offence. I have not used the phone for communication purposes. It was literally a few seconds. As soon as I saw the police car coming I moved off.
  20. Hi, That’s correct. I stopped at the roundabout because a car was approaching from the right. Just to be more clear, this was a 40mph resedential Road. It was raining, there was no cars around. I thought it was the right thing to do to find the track whilst I was stationary rather than attempt to fiddle around when moving.
  21. Hi, On the 18th of January I was pulled over. When the police officer asked what I was doing on my mobile phone (which was attached to the magnet holder). I immediately replied I was 'changing the music'. It was about half past midnight with no other cars on the road and I stopped my vehicle just before I entered a small roundabout as there was a car approaching from the right (which I now believe is the police car). I took the opportunity to pick a song to accompany me the rest of the way home. As I saw the police car approaching I pulled off and was pulled over.
×
×
  • Create New...