Driving whilst talking on mobile phone.

[buddyboy6345789]

Do the police not need photographic evidence to charge you with talking on a mobile while driving?

Does more than 1 officer need to witness the incident?

Why is the offence code on the ticket different to the offence code the dvla use?

Thanks for any help you could give.

Edited May 15, 2009 by buddyboy6345789
missed a bit out

[postggj]

Were You Charged With Talking On A Phone Or Driving With Out Due Care

 

 

Not Getting Into A Debate On This One

You Know The Law,

Hands Free Kits Cost Next To Nothing Now

 

Why Were You Driving And Talking

 

Its A Fair Cop, Just Accept It As A Lifes Lesson

[pompeyfaith]

No photographic evidence needed as its considered a serious breach of the law they can also confiscate the phone

[green_and_mean]

Why would they need a photo, no other criminal offence requires photographic evidence.

[buddyboy6345789]

i wasnt talking on the phone, ive got a parrot hands free kit in my car. i had only been driving 20 secs when they pulled me over. i had just pulled away, i had the phone in my hand because i had just taken a call while i was parked.

 

the officer didnt log the exact time he pulled me over so i couldnt use my call register to prove i was not on the phone.

 

im not trying to get out of paying, ive already paid. just want to know if i should have paid.

[buddyboy6345789]

sorry all, dont want to sound like some idiot thats just on here to get out of paying driving fines.

i just find it annoying that i get a £60 fine and 3 points and its only 1 persons word against mine.

[Fifer]

Hiya, you were caught. If you had hands free why was mobile in your hand ?. Why were you driving ? just pull into side of road and park up.Is a dam call that important?. Sorry no sympathy with you what so ever. You knowingly broke the law, then have the cheek to come on here and try to get us to solve it.

[maroondevo52]

Anyone caught on the phone whilst driving, should have the vehicle scrapped.

 

Well, if they own it, if not jail them

[buddyboy6345789]

let me make it clear fifer (edit), i was not on the phone. i was holding the phone in my hand. i was not on here to get sympathy or to try to get of with it. the fine was paid within 2 hours of getting the ticket.

all i was asking was how does the case stand up as it is 1 persons word against another.

you have made 8 posts fifer(and yes i know i have only made 4) so without being rude, my question was no aimed at you. f(edit)

people drive every day, holding as well as lighting cigarettes, so why is it illegal for me to hold my phone in my hand?

dont worry about replying , i just wanted to make it clear what i was asking.

Edited May 16, 2009 by freakyleaky
Insults will not be tolerated. Read the rules.

[buddyboy6345789]

its annoying that all im asking is for some advice and everyones getting all high and mighty, but when someone asks how to find loopholes in paying debt that they have taken out and spent, everyone wants to help.

i got a ticket for driving whilst holding my phone, most people are on here because they have lived above their means and now cant afford to pay off the debt they have got.

[Al27]

Exactly.

 

The OP merely asked a few questions and got jumped on.

 

Regardless of what you might think is right or wrong, lets look at the facts.

[dx100uk]

Anyone caught on the phone whilst driving, should have the vehicle scrapped.

 

Well, if they own it, if not jail them

 

hear, hear, and for speeding.

 

dx

[dx100uk]

so back to the other members question....

 

were you caught for using the phone or driving without due care and attention?

 

my guess is the later as the officer considered the manner of your driving was impaired by 'something' .

 

eitherway it stands in my books, no officer would waste their time issuing you with a ticket 'just' because you had the device in your hand, there must have been another reason that you are not telling us about or are not aware of because it is your normal driving habit [good or bad]

 

dx

[jed52]

Buddyboy, I think the point is that you were holding the phone. It doesnt matter if you were making a call or not. If you are holding something in your hand you are not in full control of the vehicle, they would argue that you should have both hands on the steering wheel.

I dont know this for certain, but the '1 persons word against another', would not stand up, because the '1 person' is an officer of the law, who saw you comitting the alleged offence, and the other person is the alleged offender.

I know somebody who got a warning for just having his arm resting on the door with the window open...he didnt have both hands on the wheel!

And by the way, I think that people who smoke whilst driving should be treated the same way as a mobile phone offence. I smoke, but not whilst driving.

Hope i've helped a bit, jed

[cal37]

There are many a case that’s made the papers about people just holding a phone, one where the guy just looked at the time and could prove that no calls or texts had been received or made. Other reports of people getting fines for eating a mars bar etc.

 

There was even a case not long ago, where a woman was in court for holding her phone and sentenced to 3 months. The reason........ she hit and killed a push cyclist at a set of traffic lights. Now i was like many was thinking not long enough etc, until that is, one reporter pointed out that the cyclist had jumped the red light and the police report noted that even if she had not been holding her phone, she could not of avoided the cyclist.Holding the phone had nothing to do with the accident, yet she was still convicted.

So let’s not judge, there is not many of us who hasn`t used a phone, eaten an apple, mars bar etc, Not many that hasn`t turned round to the kids and told them too shut up. Very few of us are whiter than white.

 

The nanny state is starting to go too far these days, there no longer any common sense used by the authorities. I just wonder where its all going to end, soon it will be illegal to sneeze in the streets .

Edited May 16, 2009 by cal37
typo( many)

[patdavies]

were you caught for using the phone or driving without due care and attention?

 

 

DWDC is not an offence that can be dealt with by fixed penalty.

 

As the OP got an FPN, it can only have been for using the phone. (which, BTW, is a Construction & Use offence)

[vinegarvera]

My husband reported a stolen van on bank holiday monday he has lost all his tools which are his livelyhood and not one member of the police have even been to see him to take a statement. He was driving last night when someone text him- the pone lit up so he glanced at it and got stopped and issued a ticket. IMO the police are not here to help the public but to hit targets!!!!

Edited May 16, 2009 by vinegarvera

[Zamzara]

Were You Charged With Talking On A Phone Or Driving With Out Due Care

 

 

Not Getting Into A Debate On This One

You Know The Law,

Hands Free Kits Cost Next To Nothing Now

 

Why Were You Driving And Talking

 

Its A Fair Cop, Just Accept It As A Lifes Lesson

 

Hand free kits have been shown in studies to be equally dangerous.

[postggj]

thats true but at the moment they are legal

[miss trollope]

My husband reported a stolen van on bank holiday monday he has lost all his tools which are his livelyhood and not one member of the police have even been to see him to take a statement. He was driving last night when someone text him- the pone lit up so he glanced at it and got stopped and issued a ticket. IMO the police are not here to help the public but to hit targets!!!!

 

Spot on Vinegar, the police in theory should be there to protect us and uphold the law (common law that is) but all to often we see this abuse of power. Probably not entirely the police officer's fault as he is probably being pressured from above. I hope your husband is contesting that ticket and good luck to him.

 

Peace and hugs x

[vinegarvera]

Spot on Vinegar, the police in theory should be there to protect us and uphold the law (common law that is) but all to often we see this abuse of power. Probably not entirely the police officer's fault as he is probably being pressured from above. I hope your husband is contesting that ticket and good luck to him.

 

Peace and hugs x

 

Oh he is contesting it!! The officer was on a complete power trip though. Hubby said "Cant believe you are pulling me for this when I have been waiting 2 weeks for the police to help me find my works van" The constable said "How dare you have the audacity to question Merseyside Police" !!!??? WTF?

 

We are honest tax paying citizens who have never ad any police contact in the past and this is how we get treated??

[dx100uk]

My husband reported a stolen van on bank holiday monday he has lost all his tools which are his livelyhood and not one member of the police have even been to see him to take a statement. He was driving last night when someone text him- the pone lit up so he glanced at it and got stopped and issued a ticket. IMO the police are not here to help the public but to hit targets!!!!

 

 

so because he had his van stolen, you think you are being victimised or they are in the wrong place and should be finding your van?

 

i just glanced at my phone officer.

someone texted me but , but , but

i didnt even press a button. but, but but

 

how many 1000's of other excuses are people going to use or put fwd to to justify their 'special' dispensation to do what they like, without a care for anyone else.

 

a glace can kill a cyclist or a dog or a kid.

 

simple. don't do it, abide by the law.

 

as i said before

 

the only way to stop it is to BAN people.

 

a phone call is not more important than a life.

 

dx

[MalMonroe]

I also feel very strongly about this. When driving we should be doing just and only that. I've seen so many people holding mobiles and driving one-handed, it makes me really mad. The question shouldn't really have been asked, Buddy Boy - yes, the police can fine you and yes, they did - because it's really dangerous and people could be killed or injured because you have taken your mind off your driving for a nano second. Don't be surprised that people have jumped on you, no-one could defend such daft actions. Even glancing down at a mobile when a text pops up is dangerous when driving, and no-one is infallible.

[vinegarvera]

so because he had his van stolen, you think you are being victimised or they are in the wrong place and should be finding your van?

 

i just glanced at my phone officer.

someone texted me but , but , but

i didnt even press a button. but, but but

 

how many 1000's of other excuses are people going to use or put fwd to to justify their 'special' dispensation to do what they like, without a care for anyone else.

 

a glace can kill a cyclist or a dog or a kid.

 

simple. don't do it, abide by the law.

 

as i said before

 

the only way to stop it is to BAN people.

 

a phone call is not more important than a life.

 

dx

 

 

 

NO, I think they SHOULD have helped look for his van (is that not why I pay my taxes?) They SHOULD NOT have lost the initial report!!! They SHOULD have come to see him when he waited in for two whole days waiting for their advised appointments!!! to name but a few thing they SHOULD have done but DIDN'T!!

 

Apart from the fact that the thieves had our front door key as well!!

 

 

I agree that people should not talk on mobiles!!! But is it against the law to glance at one???? NO!! Should e be banned for glancing at his phone? NO Read the post properly!!! There was NO PHONE CALL!!! He glanced at it because it lit up - no more no less! He NEVER speak or texts while driving as he knows it is dangerous!!

 

If a glance can kill how are people supposed to check speeds, petrol gauges, mirror etc....???

Edited May 16, 2009 by vinegarvera

[jed52]

'Hand free kits have been shown in studies to be equally dangerous.'

 

'thats true but at the moment they are legal'

 

Are you sure postggj? I dont think they are 'legal', just not 'illegal' to use them. But if it could be proved that an accident was caused by someone loosing concentration during a phone call using a hands free kit, then surely it would lead to the same thing as using a hand held phone.

I stand to be corrected...........jed