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Advice on using mobile device while driving?????

tara1082 Avatar
6y, 9m agoPosted 6 years, 9 months ago
Right so i was driving today on the A1m and my bluetooth hands free earpiece was being charged as the battery had died,anyways when it was fully charged i placed the bluetooth earpiece into my right ear whilst driving, around 20 seconds later the very nice west yorkshire police pulled me over and said i had commited an offence of using a handheld mobile phone or similar device whilst driving and he would deal with it with a fixed penalty notice, and i would get 3 points on my licence and a fine of £60 or i could go to court and dispute the charge but i could lead to higher penalty.
I am unhappy with this as i was using the bluetooth earpiece to prevent me from breaking the law.
Does anyone have any advice...... i have told the officer that it is unfair and want it to go to court so i can plead my case.
Do i have a case?
Have i commited an offence? As i think the bluetooth hands free device is not a handheld device
Or have i just caught a police officer on a bad day?
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tara1082 Avatar
6y, 9m agoPosted 6 years, 9 months ago
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banned#1
the idea of a hands free is so you dont have to pick it up whilst driving, and you did
1 Like #2
sounds like you caugh him during a bad day...if all you were doing was placing the bluetooth device on your ear then you have committed no offence...its like saying that placing your glasses on is illegal......take it to court and you should win...
#3
rob585
sounds like you caugh him during a bad day...if all you were doing was placing the bluetooth device on your ear then you have committed no offence...its like saying that placing your glasses on is illegal......take it to court and you should win...


I was thinking the same thing. I will go to court and plead my case.
#4
Were you still driving when you put the earpiece on? Where was the phone? If you want specific motoring legal advice I'd recommend posting on http://forums.pepipoo.com

John
#5
Johnmcl7
Were you still driving when you put the earpiece on? Where was the phone? If you want specific motoring legal advice I'd recommend posting on http://forums.pepipoo.com

John


Yes i was stil driving, my mobile phone was in the windscreen dock. Thanks for the link.
#6
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 states
Mobile telephones
110. - (1) No person shall drive a motor vehicle on a road if he is using -


(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).



paragraph 4 being

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data


I would say a hands free device falls into that.....you should put it in before setting off...pay the fine, take the points, youre in the wrong.....
banned#7
tara1082
Yes i was stil driving, my mobile phone was in the windscreen dock. Thanks for the link.


i would pay the fine and take the points
#8
suck it up
#9
lil_tiger
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 states



paragraph 4 being



I would say a hands free device falls into that.....you should put it in before setting off...pay the fine, take the points, youre in the wrong.....


Dont want to harp on but, been there got the t-shirt and seen the video.....what if your driving and the bluetooth ear piece slips down and you push it back up on to your ear...ticketable i think not....have you already requested a hearing and refused the ticket or do you have the ticket already??
#10
lil_tiger
The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 states



paragraph 4 being



I would say a hands free device falls into that.....you should put it in before setting off...pay the fine, take the points, youre in the wrong.....


Thanks for that information,it just sucks that i had never intended to break the law in any way and have never had any points on my licence ever....:thumbsup:
banned#11
wow i'll have to let all my family know about this!
#12
rob585
Dont want to harp on but, been there got the t-shirt and seen the video.....what if your driving and the bluetooth ear piece slips down and you push it back up on to your ear...ticketable i think not....have you already requested a hearing and refused the ticket or do you have the ticket already??


I refused the ticket right away and have to wait for court hearing.
#13
rob585
Dont want to harp on but, been there got the t-shirt and seen the video.....what if your driving and the bluetooth ear piece slips down and you push it back up on to your ear...ticketable i think not....have you already requested a hearing and refused the ticket or do you have the ticket already??


I am not sayin I would (OP asked if she had a case) but I guess you should make sure the earpiece is secure before setting off...and should it fall/slip down then pull over where safe, engine off and sort it out. Im not saying its logical, Im saying thats the law and OP broke it so IMO she hasnt got a leg to stand on if s/he takes it to court
#14
You may find that the officer will get back to the station and get advice from his skipper about which way to go....no way CPS will run this one.......did the officer carry out a question and answer interview by road side of you??
#15
tara1082
Thanks for that information,it just sucks that i had never intended to break the law in any way and have never had any points on my licence ever....:thumbsup:


I agree it sucks, most of the laws do....but you cant really argue against it when its there

Guess its just a lesson you have learnt, the points expire in a couple of years.....I must admit I would have expected the police officer to be more lenient with you but s/he was in his rights, so other than trying to flirt your way out of it (took late for that before you call the station! lol) I guess you just need to take it, or fight it, but remember youre fighting the law, not the officers opinion :thumbsup:

rob585
You may find that the officer will get back to the station and get advice from his skipper about which way to go....no way CPS will run this one.......did the officer carry out a question and answer interview by road side of you??


could hope so but the CPS will know they will win and its an easy £60+ for them (plus I think OP would pay court fees???)
#16
as i said been there seen it ETC......that's the problem with the UK..people too afraid to say no.....go to court and have your day...show the rest of us that your right and they are wrong...all laws are open to interpretation...nothing is black and white when it come to the law...that's what is so beautiful about it.....
#17
rob585
You may find that the officer will get back to the station and get advice from his skipper about which way to go....no way CPS will run this one.......did the officer carry out a question and answer interview by road side of you??


He said to me that everything that is said in the car is being recorded Only questions he asked me is my name address and if i was insured and if i admit to using a mobile phone whilst driving i told him that it was not a mobile phone it was my bluetooth hands free device i was putting in my ear which i admitted as i thought this was ok. The police officer has video evidence of me putting my right hand up to my right ear which i seen in the police car, he had like a tv showing me doing this.
1 Like #18
rob585
as i said been there seen it ETC......that's the problem with the UK..people too afraid to say no.....go to court and have your day...show the rest of us that your right and they are wrong...all laws are open to interpretation...nothing is black and white when it come to the law...that's what is so beautiful about it.....


yeah....enjoy the bonus points on your licence (prob more than 3) and the (more) inflated fine when doing so.....good advice there, but im sure youll feel better dragging it through court :?
#19
tara1082
He said to me that everything that is said in the car is being recorded Only questions he asked me is my name address and if i was insured and if i admit to using a mobile phone whilst driving i told him that it was not a mobile phone it was my bluetooth hands free device i was putting in my ear which i admitted as i thought this was ok. The police officer has video evidence of me putting my right hand up to my right ear which i seen in the police car, he had like a tv showing me doing this.


Where you actually in the middle of a call?
#20
lil_tiger
yeah....enjoy the bonus points on your licence (prob more than 3) and the (more) inflated fine when doing so.....good advice there, but im sure youll feel better dragging it through court :?


I have already refused the fixed penalty so will go to court and TRY and fight my case. Thank you all for your advice but i feel its worth the fight and i will fight.
#21
tara1082
He said to me that everything that is said in the car is being recorded Only questions he asked me is my name address and if i was insured and if i admit to using a mobile phone whilst driving i told him that it was not a mobile phone it was my bluetooth hands free device i was putting in my ear which i admitted as i thought this was ok. The police officer has video evidence of me putting my right hand up to my right ear which i seen in the police car, he had like a tv showing me doing this.


I suppose its really up to you then...lil tiger's advice maybe best if your doubting yourself.....wait till you get the summons as it also gives you an option of pleading guilty if you feel this is for the best...maybe its just me fighting the system.....oh that sound so funny, bearing in mind what i do...Hehe....:thumbsup:

Please do let us know how you get on....
#22
StudentJo
Where you actually in the middle of a call?


No and my telephone records could proove this.
All i was doing is putting the earpiece in my ear in the event i receive a call so i dont break the law,this is why i am so upset about this.
#23
rob585
I suppose its really up to you then...lil tiger's advice maybe best if your doubting yourself.....wait till you get the summons as it also gives you an option of pleading guilty if you feel this is for the best...maybe its just me fighting the system.....oh that sound so funny, bearing in mind what i do...Hehe....:thumbsup:

Please do let us know how you get on....


What do you do? Police officer?....lol
Will i have a criminal record if i go to court?
#24
tara1082
No and my telephone records could proove this.
All i was doing is putting the earpiece in my ear in the event i receive a call so i dont break the law,this is why i am so upset about this.


what if it was a hearing device(communication device??) and that slipped...would that count for a ticket...would a deaf person be critised for popping it back in while driving.......:whistling:

No criminal records for thesde types of offences
#25
StudentJo
Where you actually in the middle of a call?

I dont think it matters, I think its more about using a device capeable of........
dcx_badass
Shoulda just said you had an itchy ear.

she didnt know she was in the wrong, just like I wouldnt and i bet 99% of people wouldnt
tara1082
I have already refused the fixed penalty so will go to court and TRY and fight my case. Thank you all for your advice but i feel its worth the fight and i will fight.

ohhh right, well good luck with it all....If I was you, I would create a case both ways, prepare the things theyre going to throw at you (mainly what I showed you) then from that make the objections....most of all remember 'ignorance is not a defence to illegality' so dont just rely on the 'I didnt know' argument.

If you remember then please let me know how you get on, would be interesting :)
#26
lil_tiger
I dont think it matters, I think its more about using a device capeable of........

she didnt know she was in the wrong, just like I wouldnt and i bet 99% of people wouldnt

ohhh right, well good luck with it all....If I was you, I would create a case both ways, prepare the things theyre going to throw at you (mainly what I showed you) then from that make the objections....most of all remember 'ignorance is not a defence to illegality' so dont just rely on the 'I didnt know' argument.

If you remember then please let me know how you get on, would be interesting :)


I will update as soon as i have received summons and had the day in court.
#27
They will argue that by putting the earpiece in while moving you werent in full control of the vehicle.
banned#28
where did you take the bluetooth from, the car seat next to you, the dashboard? that is gonna be the difference between a slipping earpiece and putting in an earpiece
#29
tara1082
I will update as soon as i have received summons and had the day in court.


It will be some time as these things can take upto 6 months or more..so slow our justice system....maybe subscribe to this thread and let us know in 6 months time..i should be out of prison by then....bloody coppers....all i was doing was calling my mum..............:w00t:
#30
pinkleponkle
They will argue that by putting the earpiece in while moving you werent in full control of the vehicle.


seperate offence entirely...so if not reported for it then no can do.....LOL
#31
sassie
where did you take the bluetooth from, the car seat next to you, the dashboard? that is gonna be the difference between a slipping earpiece and putting in an earpiece


I have never said i had a slipping earpiece, i have admitted i placed the earpiece into my ear as it had just charged up.
#32
maybe the op should have offered the copper some giggy giggy
banned#33
tara1082
I have never said i had a slipping earpiece, i have admitted i placed the earpiece into my ear as it had just charged up.


i never said you had, i was saying that as the other member was stating about the difference between what you have done and a slipping earpiece, so where was the bluetooth taken from
#34
tara1082
I refused the ticket right away and have to wait for court hearing.


Bad move, youre gonna end up with court fees on top of the initial fine..........

:roll:
#35
rob585
It will be some time as these things can take upto 6 months or more..so slow our justice system....maybe subscribe to this thread and let us know in 6 months time..i should be out of prison by then....bloody coppers....all i was doing was calling my mum..............:w00t:


How do i subscribe to this thread:oops:
So you are a police officer then?
#36
rob585
seperate offence entirely...so if not reported for it then no can do.....LOL


hmmm then theres driving without due care and attention.....remember all these OP (look into them all to create your defence)
#37
tara1082
How do i subscribe to this thread:oops:
So you are a police officer then?


thread tools just under your opening post :)
#38
lil_tiger
hmmm then theres driving without due care and attention.....remember all these OP (look into them all to create your defence)


.if you have been reported for driving whilst using a mobile phone then that's all they can do....once reported then that's their only stab at banging you up!!!......and sorry it was me stating about the slipping thingy........

Gotta go to bed now before the warden comes round and catched me using the Guvenors laptop...that would be another six months.....
#39
transit
Bad move, youre gonna end up with court fees on top of the initial fine..........

:roll:


I know this but i have to stick to what i think is right, i have no problem with paying the £60 or even £600 if i had went out to break the law. If it costs me then it will be an expensive lesson.
banned#40
You should get your story to the sun at least then you could probably get your fine paid for.

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