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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. The police have ticketed me. I am a new driver so the punishment of 6 points and £200 fine would mean my licence will be revoked. I am thinking of letting the issue be decided by the courts as I feel that the punishment is harsh considering the circumstances. I am thinking of representing myself as cannot afford the legal fees. I am aware of the technicality of the law surrounding this issue in order to be guilty of this offence - Firstly said mobile/hand held device must be handheld at some point during alleged offence, secondly phone has to be used for interactive communication and thirdly engine has to be on. Clearly my car engine was on, I would definitely argue that my phone was not held in my hand however the interactive communication part is a gray area as I stream music from Apple music but I also have music stored on my device, the question is whether I was streaming music at around said time of offence. I have requested a solicitor write to my phone company to release such information to me. Other points to note there were 2 police officers in the vehicle. The officer that ticketed me clearly believed that I was changing the music because she made comments at the end of our encounter saying that I can use Siri to change the music. I have never been to court before and any advice is greatly appreciated. My questions are: Is it worth taking to court? Will there be a opportunity to raise the points of law and how my incident does not meet the criteria for said offence and also can I request to see police statements of said incident? Any other opinions and advice is greatly appreciated. I need as much help as i can get. ...
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