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driving whilst using a mobile phone, new driver
KAMIHAMM
post Wed, 4 Jun 2008 - 15:19
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Hi I am facing 3 points for driving whilst using a mobile phone. I am a new driver and already have 5 because of a bang in a car park that I did not report. I was not in fact using my phone for communication, I was sat at traffic lights and picked my phone up with my left hand to check the time. A police van came from my left and stopped me. My lawyer is fighting on basis of I was not 'using' my phone. Very worried as I am a supply teacher and rely on car for work. Am 31 and have 3 months to go before 2 yr period is up. HELPPPP!!!
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post Wed, 4 Jun 2008 - 15:19
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spanner345
post Wed, 4 Jun 2008 - 15:31
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The police have a habit of "seeing what they want to see".

Recently I was accused of the same, luckily my phone was half a mile away at home so I had a pretty good defence.

Best of luck, I am sure someone more constructive will be along soon.


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KAMIHAMM
post Wed, 4 Jun 2008 - 15:37
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Hi I am in court for a mobile phone offence, they are also doing me for failure to take my docs to the police station within 7 days. i did but when I explained the situation of the offence, they told me to go away and consult a lawyer who then told me not to go back and wait for them to contact me, I did not know this was a separate offence. I am a new driver on court Monday, what can they do?
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Fredd
post Wed, 4 Jun 2008 - 15:46
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Please keep all your posts about this case in the one topic, either by using the AddReply button at the bottom of the topic, or the Quote button if you want to reply to a specific post and include some of its text in your reply. I've merged your two existing topics. hello2.gif


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The Rookie
post Fri, 6 Jun 2008 - 11:46
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What 'docs' were you asked to take, that you failed to?

The Police are being a bit rabid on mobile phones (helps a target no doubt) to the point that they are blatantly not applying the law.

Simon


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7159keith
post Fri, 6 Jun 2008 - 12:30
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The current stance being taken by the magistrates courts is that "using" includes handling a phone not resting in a holder. What plea have you entered for Monday? Are you still using a lawyer? Have you made any preparation for mitigation?
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