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Potential Mobile Use Penalty
hustler6969
post Thu, 14 Jun 2018 - 18:45
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Hi all,

This might be just my paranoia talking, but just wanted to understand where I stand.

Pulled up at a traffic light from which you can either carry on straight ahead or turn right (with another vehicle in the 'turning right' lane as well), at a time when there was no traffic yet on the other side of the road.

Momentarily was checking my phone (near my lap) for any messages when I realised the traffic light had just gone green and also that there was a police car as the first car at the traffic light on the other side of the road.

Kept my cool and drove on but did glance over momentarily to see the cops reaction and could only see her looking down / finishing up from doing something.

Hence I'm 50-50 wether she saw me and/or was that movement from trying to take a picture of me etc (bearing in mid it would be tricky with the other car in the middle as well). She didnt make eye contact or anything else suggestive as I drove past that she'd seen me.

Just wondering where I stand with what happened:

1) Can they still issue me with a fine and points through the post without having stopped me formally, using pictures etc. (if she took any)?
2) If anything does come through the post, how long does it have to be served by before I know I'm in the clear?
3) If and when they do, do they have to provide evidence, and can I look/appeal that evidence before accepting the fine and points?
4) If and when they do (and I'm a first time offender of any kind in 2.5 yrs of holding a license) - will they offer me an awareness course?

Some clarification would really be appreciated.
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post Thu, 14 Jun 2018 - 18:45
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southpaw82
post Thu, 14 Jun 2018 - 18:52
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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 19:45) *
1) Can they still issue me with a fine and points through the post without having stopped me formally, using pictures etc. (if she took any)?


Yes.

QUOTE
2) If anything does come through the post, how long does it have to be served by before I know I'm in the clear?


About 5 months.

QUOTE
3) If and when they do, do they have to provide evidence,


No.

QUOTE
and can I look/appeal that evidence before accepting the fine and points?


No.

QUOTE
4) If and when they do (and I'm a first time offender of any kind in 2.5 yrs of holding a license) - will they offer me an awareness course?

Maybe.

All that being said I doubt you’ll hear anything.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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hustler6969
post Thu, 14 Jun 2018 - 19:03
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Is 5 months really the timescale? I was reading something like 14 daysish?

Guess I probably wont't hear anything - just need to watch over my shoulder for above time period..

This post has been edited by hustler6969: Thu, 14 Jun 2018 - 19:03
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southpaw82
post Thu, 14 Jun 2018 - 19:28
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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 20:03) *
Is 5 months really the timescale?


No, I just made it up rolleyes.gif

They have 6 months to prosecute you but would need to serve a request for the driver’s details about a month before that, unless they just turned up and asked in person.

QUOTE
I was reading something like 14 daysish?


That would be for a notice of intended prosecution, which is irrelevant for a mobile phone offence.

QUOTE
Guess I probably wont't hear anything - just need to watch over my shoulder for above time period..

And stop using your phone while driving.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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DancingDad
post Thu, 14 Jun 2018 - 19:51
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QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 20:28) *
...........And stop using your phone while driving.


Which is the easy way to avoid potentially 6 points and a hefty fine.
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hustler6969
post Thu, 14 Jun 2018 - 20:25
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Moment of weakness, advice heeded smile.gif
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The Rookie
post Fri, 15 Jun 2018 - 11:29
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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 21:25) *
Moment of daftness, advice heeded smile.gif

FTFY


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notmeatloaf
post Fri, 15 Jun 2018 - 12:37
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Forget six points, if you are looking at your phone whilst driving through a junction and hit something anything up to jail time using the cards.
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