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Police pulled me over for having seen me using my phone but I wasn't driving


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Can anyone advise please

Police car stopped me on a village road near my home as they saw me using my phone.

I was pulled up at the side of the road but there were temporary traffic lights ahead of me and they had come round the corner and drove past me in the opposite direction.

I had just entered another village and was looking for a restaurant I had once been to so was looking at my phone for directions.

I was not driving whilst using my phone

obviously I am not happy with the 6 points or a fine.

I am currently not living at the address and have been handed what appears to be a second letter saying I have 7 days to accept the points and fine or the case will go to the magistrates court.

While I am sure many will say just take the points it is not worth the hassle to challenge, I will not be able to sleep at night knowing I have been wrongfully punished and accepted it like a coward.

Please help :)

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The offence isn't only about driving it's about holding a phone at all.

This is the gov.uk explanation. Are you certain your use fell within the exemption? Was your engine running? It sounds like you were still on the road, you hadn't left the road and gone to a parking area.

https://www.gov.uk/using-mobile-phones-when-driving-the-law

Tagging @Man in the middle

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It's not clear to me from your account whether you were pulled over at the side of the road (ie parked) or stopped at temporary traffic lights.

The difference is that in one case you are not "driving" and in the other you are driving but just stopped at a signal.

Just having the phone in your hand is enough if you are driving. 

That's a simplification, as the definition of "driving" has been tested many times. 

If you really want to test this then have a look at the new(ish) definition of using a phone whilst driving and see if it fits your actions or not. 

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