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Mobile Phone Offence
ktpep
post Thu, 7 Feb 2019 - 14:04
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Hello,

If a driver is caught using a mobile phone whilst driving - how long do the police have to prosecute or inform the driver they will be prosecuting or be taken to court etc.

The driver was not stopped so wondering what happens next.
I have been told by friends that a NIP or S172 will most likely be issued in the post?

I have also been told that a NIP can take up to 14 days to arrive, but a S172 doesn’t have a time limit. Is this true? Just asking so I’ve got an idea how long to wait to see if anything happens?

What kind of penalty could I expect?

Has anyone got an idea how long realistically (or experience) it is likely for a NIP or S172 letter to come through the post?

Any help would be really appreciated.

Thanks
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post Thu, 7 Feb 2019 - 14:04
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ktpep
post Mon, 11 Feb 2019 - 16:38
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QUOTE (BaggieBoy @ Mon, 11 Feb 2019 - 15:35) *
You can't get more (or even less) than 6 points for this offence, so no.


Thanks

QUOTE (Darkatmosphere @ Mon, 11 Feb 2019 - 16:14) *
QUOTE (ktpep @ Mon, 11 Feb 2019 - 15:28) *
Thank you all - you have all been so hopeful.

I also wanted to ask, if I was to get penalised for this and decided to appeal and then lose the appeal - could the number of penalty points increase?

as above no, but your fine will if you plead not guilty and then found guilty.


Thanks

QUOTE (The Rookie @ Mon, 11 Feb 2019 - 16:28) *
QUOTE (ktpep @ Mon, 11 Feb 2019 - 15:28) *
Thank you all - you have all been so hopeful.

I also wanted to ask, if I was to get penalised for this and decided to appeal and then lose the appeal - could the number of penalty points increase?

Penalised means accepting the fixed penalty or pleading or getting found guilty at court, if you accept the fixed penalty then no you cannot appeal, if found guilty in court yes you can. If you plead guilty realistically no you can’t.

However I think your conflating take further action with penalise? (The Police can’t penalise you that’s for you or the courts) You can’t do anything to stop that short of defending in court.


Thanks - I think i worded it wrong. What I meant to say was that if i don't agree with the fixed penalty and decide to appeal - is their a chance that the points could increase -but i got my head around it now - thanks you
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BaggieBoy
post Mon, 11 Feb 2019 - 16:57
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QUOTE (ktpep @ Mon, 11 Feb 2019 - 16:38) *
Thanks - I think i worded it wrong. What I meant to say was that if i don't agree with the fixed penalty and decide to appeal - is their a chance that the points could increase -but i got my head around it now - thanks you

You can't "appeal" a fixed penalty, you accept or you do not. If you don't accept it the next stage will almost certainly a Single Justice Procedure Notice (SJPN). To this you can plead guilty or not guilty, if you plead not guilty then you will then get a date for a trial at a magistrates court.

You can only appeal a court verdict.
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Starworshipper12
post Mon, 11 Feb 2019 - 20:17
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So OP, (as asked before) is this a live case against you? If so perhaps you’d like to be advised of the financial implications (not just points) of losing in court, should you plead not guilty?
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ktpep
post Tue, 12 Feb 2019 - 17:28
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QUOTE (Starworshipper12 @ Mon, 11 Feb 2019 - 20:17) *
So OP, (as asked before) is this a live case against you? If so perhaps you’d like to be advised of the financial implications (not just points) of losing in court, should you plead not guilty?


Hi - well not case yet. its now been been 22 days now and nothing in the post but as suggested in the replies, i guess i got to wait the full 6 months before being in the clear?
Yes - if you have idea of costs then i would be grateful for you to share?

While i'm at it - is there any tried and tested solicitors that anyone has used that can be suggested (apart from Nick Freeman)

QUOTE (BaggieBoy @ Mon, 11 Feb 2019 - 16:57) *
QUOTE (ktpep @ Mon, 11 Feb 2019 - 16:38) *
Thanks - I think i worded it wrong. What I meant to say was that if i don't agree with the fixed penalty and decide to appeal - is their a chance that the points could increase -but i got my head around it now - thanks you

You can't "appeal" a fixed penalty, you accept or you do not. If you don't accept it the next stage will almost certainly a Single Justice Procedure Notice (SJPN). To this you can plead guilty or not guilty, if you plead not guilty then you will then get a date for a trial at a magistrates court.

You can only appeal a court verdict.


hi
When you say "fixed penalty" - how long does this normally take to come through? 14 days, 30 days, 3 months, 6 months etc?
Is it the Single Justice Procedure Notice (SJPN) which takes 6 months come through if i was to reject the fixed penalty?

i have been told that fixed penalties do not apply for phone cases?

im so confused sad.gif

This post has been edited by ktpep: Tue, 12 Feb 2019 - 17:29
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Logician
post Tue, 12 Feb 2019 - 17:58
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A fixed penalty normally arrives quite quickly, probably within 30 days. An SJPN could take up to 6 months, but probably quicker, the financial penalty would be more than a fixed penalty.

People tell you all sorts of rubbish, you certainly can get a fixed penalty for a phone offence, 6 points and £200.


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ktpep
post Wed, 13 Feb 2019 - 10:52
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QUOTE (Logician @ Tue, 12 Feb 2019 - 17:58) *
A fixed penalty normally arrives quite quickly, probably within 30 days. An SJPN could take up to 6 months, but probably quicker, the financial penalty would be more than a fixed penalty.

People tell you all sorts of rubbish, you certainly can get a fixed penalty for a phone offence, 6 points and £200.


Thanks so what am i potentially looking at? a fine and points or a SJPN. I don't have the bottle to go to court?
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Darkatmosphere
post Wed, 13 Feb 2019 - 11:35
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QUOTE (ktpep @ Wed, 13 Feb 2019 - 10:52) *
QUOTE (Logician @ Tue, 12 Feb 2019 - 17:58) *
A fixed penalty normally arrives quite quickly, probably within 30 days. An SJPN could take up to 6 months, but probably quicker, the financial penalty would be more than a fixed penalty.

People tell you all sorts of rubbish, you certainly can get a fixed penalty for a phone offence, 6 points and £200.


Thanks so what am i potentially looking at? a fine and points or a SJPN. I don't have the bottle to go to court?

personally I think your thinking this way to deep freaking yourself out.

Here's your scenario if got this wrong do tell me:

At lights on mobile, police to your right, you don't get pulled or spoken to through the window as a gesture to "hang it up mate".

The Odds on here is that, the officer who you saw, who saw you, didn't register to him you were on your phone, if he had I think the scenario would be a lot different, perhaps he was looking in your direction, but had his attention focused on listening to the radio traffic or his driver or other things, if he had I'm 99% sure he would have blue lighted you as I mention a different scenario, unless he was undertaking an emergency response, and even then, they don't tend write down every Tom, Dom, and Harry's Reg they encounter on a blue light run committing an offence to come back to later and report you for your offence.

I think you slipped the attention of this officer and the likely hood of you receiving anything in the post are slim to remote at best.

The chances of you being reported by a passing cyclist cammer or motobiker cammer are higher than an officer taken no action at the road side to an offence that is presented infront of him and that is religiously enforced but dealing with it via post instead makes no sense to me.

You tempted fate and fate wasn't paying attention and missed it, buy a lottery ticket to see if lady luck is still casting their hand over you.




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ktpep
post Wed, 13 Feb 2019 - 13:33
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QUOTE (Darkatmosphere @ Wed, 13 Feb 2019 - 11:35) *
QUOTE (ktpep @ Wed, 13 Feb 2019 - 10:52) *
QUOTE (Logician @ Tue, 12 Feb 2019 - 17:58) *
A fixed penalty normally arrives quite quickly, probably within 30 days. An SJPN could take up to 6 months, but probably quicker, the financial penalty would be more than a fixed penalty.

People tell you all sorts of rubbish, you certainly can get a fixed penalty for a phone offence, 6 points and £200.


Thanks so what am i potentially looking at? a fine and points or a SJPN. I don't have the bottle to go to court?

personally I think your thinking this way to deep freaking yourself out.

Here's your scenario if got this wrong do tell me:

At lights on mobile, police to your right, you don't get pulled or spoken to through the window as a gesture to "hang it up mate".

The Odds on here is that, the officer who you saw, who saw you, didn't register to him you were on your phone, if he had I think the scenario would be a lot different, perhaps he was looking in your direction, but had his attention focused on listening to the radio traffic or his driver or other things, if he had I'm 99% sure he would have blue lighted you as I mention a different scenario, unless he was undertaking an emergency response, and even then, they don't tend write down every Tom, Dom, and Harry's Reg they encounter on a blue light run committing an offence to come back to later and report you for your offence.

I think you slipped the attention of this officer and the likely hood of you receiving anything in the post are slim to remote at best.

The chances of you being reported by a passing cyclist cammer or motobiker cammer are higher than an officer taken no action at the road side to an offence that is presented infront of him and that is religiously enforced but dealing with it via post instead makes no sense to me.

You tempted fate and fate wasn't paying attention and missed it, buy a lottery ticket to see if lady luck is still casting their hand over you.


Hello,

You got the scenario pretty much correct. The only thing different was that we were in slow moving traffic (moved about 100 metres in about 5 minutes - so didn't look like he was in a rush) and the officer looked dead at me. I just turned my face away so not sure if he kept looking at me or took note of my reg in order to write to me instead.


if something does happen, i just hope i can take the points and fine rather than go to court about it. if i openly admit to the offence, would I still be required to go to court?
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Logician
post Wed, 13 Feb 2019 - 14:04
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If a fixed penalty is offered and accepted you do not have to go to court.
If the matter for some reason goes to court you can plead guilty by post and not go to court.
You only have to go to court if:
1. You wish to plead not guilty.
2. You intend to plead guilty and are already on 6 points so that you become a totter, facing 6 months disqualification.


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Darkatmosphere
post Wed, 13 Feb 2019 - 14:14
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As has been stated its a COFP unless you want to go to court. Think about it for a second, you were in slow moving traffic, he was looking dead at you in no rush to go no where why would he not stop you there and then? Ive seen police officers vacate their cars from the passenger seat in the middle of traffic walk over to the offender to tell them to follow them to the nearest safe place shut live lanes downs too for a mobile phone offence, why write your details down and opt to deal with it by post it just doesn't make sense.

Personally I think you have nothing to worry over and are bricking it for no reason.


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ktpep
post Wed, 13 Feb 2019 - 14:20
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QUOTE (Logician @ Wed, 13 Feb 2019 - 14:04) *
If a fixed penalty is offered and accepted you do not have to go to court.
If the matter for some reason goes to court you can plead guilty by post and not go to court.
You only have to go to court if:
1. You wish to plead not guilty.
2. You intend to plead guilty and are already on 6 points so that you become a totter, facing 6 months disqualification.



thanks you - do you know in what circumstances a fixed penalty may be offered? my circumstances were slowing moving traffic - no faster than 5pmh?
im hoping that its based on circumstances as i don think it was too bad compared to driving at fast speed while using the phone. = am i right or wrong?
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Darkatmosphere
post Wed, 13 Feb 2019 - 14:25
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QUOTE (ktpep @ Wed, 13 Feb 2019 - 14:20) *
QUOTE (Logician @ Wed, 13 Feb 2019 - 14:04) *
If a fixed penalty is offered and accepted you do not have to go to court.
If the matter for some reason goes to court you can plead guilty by post and not go to court.
You only have to go to court if:
1. You wish to plead not guilty.
2. You intend to plead guilty and are already on 6 points so that you become a totter, facing 6 months disqualification.



thanks you - do you know in what circumstances a fixed penalty may be offered? my circumstances were slowing moving traffic - no faster than 5pmh?
im hoping that its based on circumstances as i don think it was too bad compared to driving at fast speed while using the phone. = am i right or wrong?

Wrong to both. Phone in hand using it even when stationary or parked with engine running will trigger a Fixed penalty if an officer catches you and talks to you its 6 point and fine, if your observed by a member of public who takes a video or photo and reports you, you will be issued a COFP 6 points and fine.

This post has been edited by Darkatmosphere: Wed, 13 Feb 2019 - 14:27


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