#parking : Cu80 mobile phone while driving

[Taylorge]

Hi, I was pulled over by Essex police for using a phone when driving. I was not actually using my phone merely moving it from driver side door to central panel in my hire car. I am aware that even looking at your phone is an offence but I don't think this should constitute an offence? Apparently it was caught on video. I would like to know or seethe actual evidence before accepting the FPN and 3 points.

Any ideas ??

[the_shadow]

Hi, and welcome to the CAG forums... no doubt you'll get better advice but I'll start the ball rolling...

 

The offence is the actual "use" of the mobile so you would need to prove you werent using it... not as easy as it sounds.. they may rely just on an officer saying he saw you with it in your hand thus you must have been using it etc etc whereas you would have to show you werent looking at a text etc.

 

IF there is a video then if you are convinced you didnt use the card then the video should absolve you. I'm surprised they didnt change the charge to "failing to have proper control of a vehicle "

 

You could pop down the station of the officers that gave you the ticket and speak to an sergeant/inspector and stating your case, asking to see the video.

 

S.

[green_and_mean]

If you didn't do it why would you want to view the video it obviously won't show you on the phone as it never happened so why not just go to court and plead not guilty?

[Taylorge]

Thanks folks, problem is I am based in Glasgow an it happened in Essex. Also the video may show it in my hand waist hight but not making calls etc.

Are you allowed to use an iPod to change music selection while driving? Ie technically not using a phone, reason being I don't think it an offence to can get a cigarete out a packet, which is just as much a distraction..

[nero12]

dad got a ticket and they spelt his second name wrong so got off.

 

 

Realy, small mistakes on a criminal charge normally comes under the slip rule and does not ordinarily nulify the offence.