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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pulled for driving on M62 using mobile phone?

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see if you get a NIP in the post first.

You won't get a NIP for two reasons:

1. A NIP is only required if the driver was not stopped and warned at the time that a prosecution is being considered.

2. Mobile phone offences do not require a NIP in any circumstances.

You may, however, get an offer of a fixed penalty (£300 and six points).

You are on a sticky wicket here. If you look at the legislation (Road Vehicles (Construction and Use) Regulations 1986, Reg. 110) it says this:

For the purposes of this regulation—

(a)a mobile telephone or other 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; [my emphasis]

You said that your phone was on the passenger seat. It is hard, therefore, to imagine that it need not be "....held at some point during the course of making or receiving a call or performing any other interactive communication function." But I think you have a bigger problem than that. You will face testimony from two police officers who will both say they saw you using the phone. They have nothing to gain by perjuring themselves (and frankly, catching drivers using mobile phones is akin to shooting fish in a barrel). Your task will be to persuade the court they were both mistaken. On your own admission, you were using the phone and, by the definition provided in the legislation, it is not a hands-free phone. 

I would say you face an uphill struggle.

As an aside:


told then I didn't realise and can do the tax straight away to prevent the car being towed away,

Why would you worry about tax? Your trade plates would have overcome the need for you to tax the car (provided you were using them in accordance with their conditions). They would not, however, have provided you with insurance cover. Nor would they have absolved the Registered Keeper (if any) from ensuring continuous cover was in place as required by s144A of the RTA.

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...and ofcourse the officers will just side with each other no doubt there but is it purely based on my story against theirs or will the judge ask for some kind of prove to show I was guilty?

“Proof” is whatever the court finds as proof. The testimony of the two officers is evidence and if, based on that evidence, the court is sure, beyond reasonable doubt that the offence was committed, you will be convicted. There is a popular misunderstanding that there needs to be photographic evidence to support offences of this kind. There need not. Testimony from eye witnesses is often sufficient. You need to take a step back from the alleged persecution you say you have suffered (a court will not be interested in that) and concentrate solely on the offence with which (I assume) you will face.


I think it will all come down to phone use however my argument is the text was sent handsfree and if theres any evidence with their camera etc to prove they saw me on the phone then show it.

You need to understand the elements of the offence. If the phone must be held at some point to undertake its functions it is considered to be “hand held” (whether you were holding it or not). There is little doubt that a court will find your phone, as you have described it, to be hand held. There is also little doubt that you were using it. Some of the things you have said here simply compound your problems. For example:


“I have the satnav up on the phone but the phones on the seat as you can see.”

What I think you are missing here is that you do not have to be holding the phone to be “using” it. It’s the design of the device itself which determines whether it is “hand held” (as I explained in my first post). If it is a hand held device, then using it as a satnav on the passenger seat would see an offence committed. The revised mobile phone legislation (introduced January 2022) makes doing virtually anything with a hand-held device into an offence.

Of course it’s your decision whether to defend this in court. Failure (apart from the points) will be expensive. You will pay a fine of at least half a week’s net income, a “Victim Surcharge” of 40% of that fine and prosecution costs which will be at least £620. No change out of £1k for most people. Your points situation is unfortunate. Firstly it means you cannot accept a fixed penalty even if was offered and you wanted to accept it as the six points will indeed see you liable to a six month “totting up” ban. So your case will be heard in court. If you are convicted you can only avoid disqualification if you can convince the court that “Exceptional Hardship” will be suffered by you or others if you are banned.

Let me know if I can help further.

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