Safe Speed Forums

Hi, just been stopped for using my mobile. Is there any defence in court or do I just take it on the chin? I was issued with a fixed penalty (endorsable offence).

If you were holding your handheld phone while your vehicle was moving or its engine running then this is illegal and you should pay the ticket.

If not, then you should go to court and present your evidence as to why you are not guilty.

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Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.

LJB1
Pepipoo.com have legal advisors, but if you were using it, without using a bluetooth / wireless headset, and were caught 'red-handed' then you are likely to have to pay the fine & take the points. The Thames Valley Safer Roads Partnership do offer a mobile phone course, which I assume you have not been offered ?
It can be down to the discretion of the Police - you are normally only allowed one course in three years !
I have heard of more cases, where they are also enforcing when people have only moved the phone, which is somewhat concerning, unless they were not properly handling their car of course.

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Hmm...any idea if I can volunteer for one of these courses?

I still want to know how they can prove beyond a reasonable doubt that the phone was operating on one of the frequencies listed in 'the law'.

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Andrew.

The frequencies listed in the snappily named Road Vehicles (construction and use) (amendment) (No. 4) Regulations 2003 apply to exempt 2 way radios and not phones. I have never dealt with a case involving that sort of device and don't know off hand if would be up to the CPS to prove which frequency was in use or if it would be a reverse burden of proof.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.

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It's probably offered in the same way as the other courses: you have to admit the offence first. If they offer this course - my advice would be to take it. I think education/weaning the drivers from the hand held as well as alerting to the dangers of concentrating too hard on any telephone conversations has to be a good thing.


You do go on a database for 3 years and would not be offered another course within that period. You do not need to declare this to insurers.


Your points would be declarable for this period but remain on licence for a further year. You'd have to declare this to insurers for 5 years.

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