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Original poster

Contesting a Fixed Penalty Notice for Mobile Phone use

21 replies

Berkshire45 · 02/10/2018 08:54

Does anything think its worth contesting a FP notice for mobile phone use? my son was caught holding his phone and 6 points is going to be a problem for him as he drives for a living and if he gets any more points (or even has these added to his licence) he may lose his job.

6 points is a lot. He was using it as a talking sat nav. Does anyone have any advise on whether its worth it?

OP posts:

Blackoutblinds · 02/10/2018 08:56

Was he touching the device?

A google says that’s the issue - if he touches the mobile phone then that’s when it becomes illegal.

Hadalifeonce · 02/10/2018 08:57

I don't think so. Just holding it is the problem, doesn't matter that he wasn't using it as a phone. My niece got caught picking it up off the seat to put it in the holder, so it didn't slide off.

Blackoutblinds · 02/10/2018 08:58

Sorry - but if he was holding it then yes he has commitedmthe offence according to google.

www.simpsonmillar.co.uk/news/what-to-do-if-you-are-caught-driving-with-a-mobile-phone-5355

ClaudiaWankleman · 02/10/2018 08:59

If he drives for a living he should definitely have been obeying the law. If he wasn’t, too bad.
If you think they applied the law incorrectly then appeal. Was the phone mounted on the dashboard/ windscreen or was he holding it in one hand?

Yourenotericlove · 02/10/2018 09:05

He comitted the offence by touching the 'phone.

jalapenos · 02/10/2018 09:06

They've got him bang to rights and I'm sure you don't need anyone to explain why the offence attracts six points. If he takes it to court he also risks an income-based fine, a 10% surcharge, costs and a potential (although unlikely) disqualification. The fact that he drives for his job is at best irrelevant. He, more than most, should have known better.

Collaborate · 02/10/2018 09:09

Using it as a sat nav is no defence. It needs to be in a holder to be legal.

cheesefield · 02/10/2018 09:17

If he was driving around with the sat nav in his hand then yes, he has committed the offence.

Or was it in a holder/docking station attached to the vehicle?

If he needed to check it or amend it then he needs to pull over and stop somewhere safe before doing so.

ShotsFired · 02/10/2018 09:17

Really? He is old enough and ugly enough to know better, even more so given his job.

People using phones cause fatal accidents. If it was speaking out loud then wtf did he need to be touching it?

(I use my phone as a sat nav and bought a £1 mount off ebay for it. If I need to adjust the route mid journey I pull over and do it)

DGRossetti · 02/10/2018 09:20

On the basis a lorry driver was jailed for 5 years after killing a poor lady because he was texting, maybe it's an important lesson ?

www.bbc.co.uk/news/av/uk-scotland-45680170/driver-smashes-into-car-as-he-checks-his-phone

(notice that he had a holder, too )

SD1978 · 02/10/2018 09:24

He committed the offence, unfortunately there is nothing to contest I would have thought. Whether he was using sat nav or texting, the offence is the same.

SillySallySingsSongs · 02/10/2018 09:25

He was driving around holding his phone so breaking the law. He has no defence.

Cindersdonegood · 02/10/2018 09:39

@DGRossetti I was just about to post that too. That poor woman from Lockerbie. There is NO reason to be touching, holding, reading or in any way messing with a mobile phone when driving and people who drive for a living should be more than aware of that!

DGRossetti · 02/10/2018 09:43

There is NO reason to be touching, holding, reading or in any way messing with a mobile phone when driving and people who drive for a living should be more than aware of that!

This times a million !!!!!!!!

(WTF do most phones have voice control these days ?)

Nicknacky · 02/10/2018 11:43

What grounds do you think he has for appeal?

DGRossetti · 02/10/2018 11:57

What grounds do you think he has for appeal?

I'm guessing from the OP:

6 points is going to be a problem for him as he drives for a living and if he gets any more points (or even has these added to his licence) he may lose his job.

I'm probably a tad odd about this, but whenever someone tells me they "drive for a living", I'd hold them to a higher standard than someone who doesn't.

Nicknacky · 02/10/2018 14:15

Totally agree however I wouldn't consider them "grounds" as such, more mitigation. Which may work against him!

DGRossetti · 02/10/2018 14:18

Totally agree however I wouldn't consider them "grounds" as such, more mitigation. Which may work against him!

Probably a good thing that magistrates have strict guidelines, (and I'm not one)

specialsubject · 03/10/2018 19:48

good. Unfit to drive and caught before he killed.

Hwory · 03/10/2018 19:56

If he had his phone in his hand he’s committed the offence. Sat nav or not.

Sforsh49 · 03/10/2018 20:45

It may be worth speaking to a Criminal Solicitor. He's committed the offence however he maybe able to elect for a court hearing and to ask for the obligatory "totting up" disqualification to be set aside, so he could have 12 points but still be allowed to drive. He would need to claim hardship/extenuating circumstances if he was to loose the licence ie loss of job and so on, but Courts do often set it aside however expect to be hammered on the fine.

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