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jcarver
Hi All,

I am looking for advice as to the expected outcome with regards to length of ban or possible custodial sentence for the offence of using a mobile phone whilst driving (contrary to regulation 110 (1) of the Road Vehicles Regulations etc etc.

I was issued with a FPN for this and it took me over the ammount of points and thus i now have a summons. Now whilst i had the mobile in my hand i was doing 30mph in a 30 zone and was not driving erratically. Also the phone was on loudspeaker as my bluetooth had just died.

The officer who stopped me stated that if i disagree with his statement that i had the phone to my head he would confiscate the phone for evidence. Now as i run my own business and rely on calls (which i answer with bluetooth or divert elsewhere) for business i was against arguing about this as i would have been unable to take calls regarding the days work and forthcoming contracts. So i replied yes and signed his note book.

In the officers witness statement to court he has described my vehicle as a blue transit when it is infact a white transit. It has been mentioned to me that this could be put down as the officer not being sure of what he saw(although in the FPN it states white as the colour) and wether he actually saw the phone to my head or not. I am slightly worried about questioning an officers observational skills in court which may lead the judge to take a dim view!

As i am also probably going to represent myself (having been quoted £800+vat for representation pleading guilty) i wanted to know if there was any avenue i could go down to try to get the least ban?

Would mitigating circumstances such as family reliant on the business and as skilled specialist not many people in country can do the work undertaken have any effect?

Lastly would the court have the other FPN's in front of them or would they just see that there were x driving offences on x dates???


And finally before i get bombarded with "its against the law" and "your and idiot for doing it"- yes i do know that driving with a mobile phone is against the law but in this present economic downturn desperation sometimes comes over us all when you are struggling with your own business and a family.

Thankyou for any replies.
wakeylux
You're certainly not going to get a custodial sentence!
clean for20years
The courts believe the police

the fact they got the colour wrong would be ignored they just want money as you say the economy is in meltdown and that includes the courts !
andy_foster
If convicted, you will get 3 points which will presumably make you liable for a 'totting up' ban - which is why the FPN could not be accepted.
The phone was used as a hand-held interactive communication device - whether it was held to your ear or not does not alter the offence.

If you win 12 points within a 3 year period (from date of offence to date of offence), the court is obliged to ban you for at least 6 months (6 months if you haven't been banned in the last 3 years, 12 months if you have), unless you can show that a ban will cause undue hardship (particularly to others).
The ban is for totting up to 12 points, not for the offence(s).

The court cannot consider mitigation regarding the offences when deciding whether they could or should exercise their limited discretion not to ban you - although if you can show that you don't have the flagrant disregard for the law that your licence would tend to indicate, they may be more amenable.
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