Idrees Posted December 9, 2008 Share Posted December 9, 2008 Last night I was driving along a busy road which was being patrolled by police. I was driving along quite slowly, about 20mph and my phone rang. I usually keep it in my door handle pocket thing so got it out and passed it to my mate who was in the front passengers seat. Once he was done he passed the phone back to me and I put it back in the door pocket. While I did that, there was a patrol bike riding next to me. He saw me do it and pulled me over. He's given me a Endorsable Offence ticket which is worth 3 points and a £60 fine. At first I thought he might listen to me and understand what happened but he was just being a prick so I told him I'm not giving my licence in and will probably see him in court. What should I do? What are the chances that I could win in court? Does the law say a driver isn't allowed to hold a phone, or even transfer it in my case? Thanks for any help. Quote Link to post Share on other sites
Guest Enzo Posted December 9, 2008 Share Posted December 9, 2008 im not sure but was it just one patrol bike, im sure they need two people to charge you with something, Quote Link to post Share on other sites
garbla900 Posted December 9, 2008 Share Posted December 9, 2008 i am working in a police station so the law in basics is you're not allowed to hold a mobile phone whilst driving a motor vehicle or stopped at lights etc. for the ticket you dont need corroboration so in court it wouldn't stand up but ill let you in on a hint they need to prove that that it was in use. but at least thats the way it works in scotland. not sure bout english law. in court though they will always take the word of a cop over u. (being a 16-25 male behind the wheel of a done up motor doesnt look good to a port soaked big wig does it) Quote Link to post Share on other sites
Bildo Posted December 9, 2008 Share Posted December 9, 2008 That's horrible mate, heard a lot about unfriendly Police officers lately too, really feelss as though they're out to get us.I think its pathetic really that you can change your stereo or anything whilst driving but you can't pass your phone to the person next to you.Hopefully you'll be able to get away from it man. Quote Link to post Share on other sites
Jozinobi Posted December 9, 2008 Share Posted December 9, 2008 Really sorry to hear this Id man Wrong time, wrong place etc.Defo a good idea to invest in a handsfree, this is to everyone.Good luck with the outcome bro.Joz Quote Link to post Share on other sites
SpeedFreak Posted December 9, 2008 Share Posted December 9, 2008 Thats shit mate!But as said, the law is that you arent allowed to even touch the phone unless you are pulled over and stopped. I think its stupid but what can you do!Before long people won't even be allowed to have stereos or sat navs! Quote Link to post Share on other sites
Asad Posted December 9, 2008 Share Posted December 9, 2008 Tbh i think he was just being really awkward or some1/something earlier might have messed his mood up (you know how cocky apneh can get on eid n if theres a girl in the car etc they think they are heros making videos n shit) he could have let it go you clearly wasnt using the phone and if you passed it to your friend its obvious you know not to use it while driving....i keep it in the little hole thing behind the gear lever then anyone has excess if it rings.good luck with the outcome bro Quote Link to post Share on other sites
addz Posted December 9, 2008 Share Posted December 9, 2008 Sorry to hear about your misfortune.What a situation, There is no leeway from this sort of situation, as you had the mobile device in your hand they will consider it as it still being a distraction.From what i know you are not even allowed to move your phone from one side of the car to the other, but does that include changing cd's, sparking up a fag.. so on..?The law is tricky, best of luck. Quote Link to post Share on other sites
SpeedFreak Posted December 9, 2008 Share Posted December 9, 2008 Just been looking up on the laws of using mobiles whilst driving and came across this little fact:"Any cases that reach court could involve discretionary disqualification and a maximum fine of £1,000"I wouldn't bother taking any further mate! Quote Link to post Share on other sites
Bourkey Posted December 9, 2008 Share Posted December 9, 2008 Your not allowed to use your phone whilst driving so if you were then you should accept what is given to you. Even if you have it on loud speaker then it still is pretty much breaking the law if it is in your hand. Now if it is exactly how you say then you may get off with a fine as you were moving and pissing about with your phone. You should have your eyes on the road and your hands on the wheel is how the law sees it. I don't think you would get the points though as you were passing the phone over to a friend to answer it.Im pretty sure he would need a witness to the event unless he has video evidence then it is simply your word against his.Everyone messes with their phone whilst driving, people talk on it and even people text on it. I admitidly answer my phone sometimes but it is usually a quick "im driving so i'll call you back in a bit." It's not worth your license so i would highly recommend you avoid touching your phone. I've even got a hands free kit but i always forget to take it with me. Daft i know.Bourkey Quote Link to post Share on other sites
SiCaln Posted December 9, 2008 Share Posted December 9, 2008 sorry to read this man, hope u get off Quote Link to post Share on other sites
paul w Posted December 9, 2008 Share Posted December 9, 2008 Forget fighting it mate, you will lose! Why on earth did you even pick it up when you knew police were patroling the road??They are going to push stuff like this so just take the fine and points and learn from it. It may make things even more awkward for you being cocky to the copper too, they may well just keep tabs on your car via the old ANPR in patrol cars giving you no end of grief. Quote Link to post Share on other sites
Galliano Posted December 9, 2008 Share Posted December 9, 2008 you can light up a fag, change the sterio, itch, sneeze, cough and blow your nose while driving, but pulling your phone out of a pocket and giving it to your mate with full eyes on the road in slow moving traffic is a no no? ffs Quote Link to post Share on other sites
Idrees Posted December 9, 2008 Author Share Posted December 9, 2008 Just to make things clear, he only saw me getting it back off my mate and putting it back in the door. During this time the keypad was locked but the screen was still lightly illuminated. I tried to explain but he was having none of it.Stace, I came across that too and it sounds scary! But I'm thinking that applies if the police take you to court? It is vica versa in my situation.Paul, they didn't see me pass it over while it was ringing. They only saw me get it back off him. Quote Link to post Share on other sites
minxy Posted December 9, 2008 Share Posted December 9, 2008 Unfortunatley that is how our country is now! Its pretty shocking, but seriously - giving teh coppers a gobful without knowing your facts prob wasn't a good idea. They hate modified car drivers as it is and it because of the attitude they receive from them, prob would have been better to accept it and get on with it. You've not been driving long and if they decide to keep pulling you over, and notice your washer jets etc you're going to end up with no licence at all. I don't mean to sound blunt or arsey, i hate the police as much as the majority do but you've kinda dug a hole. My mate did the same kind of thing as he has euro car and they were whinging about stretched rubber and being general twats he told them in not so many words to do one, then ended up being pulled over atleast 4 times a week, every week. Quote Link to post Share on other sites
*STONEY* Posted December 9, 2008 Share Posted December 9, 2008 I've been done for the same thing - U wouldnt have a chance in court...Take the fine and the points mate. Quote Link to post Share on other sites
Idrees Posted December 9, 2008 Author Share Posted December 9, 2008 giving teh coppers a gobful without knowing your facts prob wasn't a good idea.I didn't give him a gobful as such. I was quiet while he said all he needed to and then simply told him I was not using the phone. He then carried on and started being arsey and told me to give my licence in etc, and I said sorry I'm not gonna do that. Then he went on about what he's gonna do if I don't and I just turned the other way and pretended to ignore him. Got my ticket and said I'd see him in court.Oops..? Quote Link to post Share on other sites
Sparky Posted December 9, 2008 Share Posted December 9, 2008 Shame mate looks like your gonna have to take it on the chin The law is a cunt in most cases and this is one of them Quote Link to post Share on other sites
Faisal_Sol Posted December 9, 2008 Share Posted December 9, 2008 Take the three points and fine. Keep your head down in future mate. You probably won't stand a chance in court if you do get that far, don't think it would be worth the hassle to go through all that.The copper was their to witness you handling the phone, and you may have taken your eyes of the road for that split second equaling in dangerous driving.Just learn from this mistake. -Faisal Quote Link to post Share on other sites
garbla900 Posted December 9, 2008 Share Posted December 9, 2008 i work for the police like i said but its the targets the gotta meet and shit like that but no ofence ment but b bright yellow rtarlet that u can prob hear coming is a target for them. what time war that at? Quote Link to post Share on other sites
Dean @RW-Developments Posted December 9, 2008 Share Posted December 9, 2008 personally if it is how you say id take them to court, in nearly all cases they just expect you to take the fine and points. i went to court 3 times for the same speeding offence and represented myself, i won the case the court costs were well over £1000 lol the bet the police were pulling every one just cuz they havent met there targets. Quote Link to post Share on other sites
Idrees Posted December 9, 2008 Author Share Posted December 9, 2008 i work for the police like i said but its the targets the gotta meet and shit like that but no ofence ment but b bright yellow rtarlet that u can prob hear coming is a target for them. what time war that at?This was very late night, probably 1:30am. The road was really busy too because it was Eid and alot of asians go there at this time of the year. I must say there are a lot of twats that go there and I reckon some crowds might have pissed this copper off resulting in him being really picky? Just an idea.personally if it is how you say id take them to court, in nearly all cases they just expect you to take the fine and points. i went to court 3 times for the same speeding offence and represented myself, i won the case the court costs were well over £1000 lol the bet the police were pulling every one just cuz they havent met there targets.Well done on that one, what was all that about then? Quote Link to post Share on other sites
Si@Fiske Posted December 10, 2008 Share Posted December 10, 2008 Unlucky fella! think your just going to have to take it in the arse KTA Quote Link to post Share on other sites
Sparky Posted December 10, 2008 Share Posted December 10, 2008 In England they only need ONE officer. In Scotland they need TWO.Thats just wrong Pretty sure they need 2 in Wales though Quote Link to post Share on other sites
MattyCD Posted December 12, 2008 Share Posted December 12, 2008 you can light up a fag, change the sterio, itch, sneeze, cough and blow your nose while driving, but pulling your phone out of a pocket and giving it to your mate with full eyes on the road in slow moving traffic is a no no? ffsthe law changed this year, an accident involving distracting stuff like you mentioned is classed as 'Careless Driving' Quote Link to post Share on other sites
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