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Mobile Phone - CU80 - wasn't actually using it!, should I go to court or pay the PCN?
danatk
post Wed, 5 Dec 2007 - 14:20
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I was sitting in a traffic jam in central london last week, cars barely moving. I picked up my mobile which sits in a recess in the drivers door and was fiddling with it, turning it over in my hand, not using it in any way. Next thing I know a bike copper has pulled me over and wants to issue a fixed penalty for using the phone. I said I wasn't using it, just messing with it in my hand in the queue but he wouldn't have any of it.

He asked me for any statement with the 'which you may later rely on court' line, so I said 'i wasn't using the phone, i was just holding it in my hand'.

I would pay the £60 fine and have done with it, but the 3 points will put my insurance up £300 a year! So, is it worth going to court and explain the following circumstances:

- I was not using the phone, they could check my logs and no calls/texts were made or received at that time
- I have a handsfree kit in the car, so would not need to use my phone to make a call anyway
- While sitting in a traffic jam I was just fiddling with the phone, not paying attention to it

The copper claimed he saw me using it, but this wasn't the case!

cheers for any advice.

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post Wed, 5 Dec 2007 - 14:20
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7159keith
post Wed, 5 Dec 2007 - 15:02
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He does not have to see you using it. Being in charge of a vehicle and even touching an unfixed mobile phone is an offence.

This post has been edited by 7159keith: Wed, 5 Dec 2007 - 15:03
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The Rookie
post Wed, 5 Dec 2007 - 15:08
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As Keith says, the offence is handling it while in control of a vehicle, although it sounds harsh this was to avoid the obvious "I had it to my ear and was singing along with the radio, I wasn't actually using it" defence, but what you describe is an offence - sorry!

'Using' a mobile is very subjective, as a clock, texting, checking the diary, or as stress reliever could all be classed as 'using' it!

Simon


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