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Full Version: Mobile Phone Ticket - Had My HANDSFREE IN MY EAR
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krx
I got a ticket today for driving whilst using mobile phone by a bike cop. The phone is registered to someone else.

The funny thing is i had a wired handsfree kit and was in my ear!! i tried toplead with the officer saying i was not using my phone and told him that he can see iv got an ear piece. he simply said the phone was in your hand so i will report you. and he did. He did however say that i will write that you had the ear piece in your phone in your hand.

He asked was the call made, i said yes. Didnt ask me how. I dialled using voice command from the wired handsfree. The reason the phone was in my hand was that it slipped off my cheap anti slip mat on dashboard and i caught it.

i want to deny this and go to court, have i got a chance?

I have had points for this in 2007 so i would not do it again.
Teufel
from what you say you are prob guilty of the offence

in your hand being used for a call - doesnt matter if you didnt press buttons

search here for more examples and the releavnt aw
andy_foster
Were you holding the phone while you were using it? If so, the offence is complete regardless of whether you were also using a 'hands-free' kit.
krx
the phone was in my hand yes. i wasnt however using the phone, i was using the handsfree kit and the phone was only in my hand because it was going to fall, It was like you have a sat nav on suction on the windscreen and the suction failed and you catch it!! It could have easily been the case where it was the sat nav that failed and i was holding that and the phone was in my lap and i was talking on my handsfree!
ford poplar
IMO You were communicating via the hand-held mobile phone through a cable-connected headset!!
Buy a £5 ventilator cradle, then the phone won't 'slip' If it does, leave it, otherwise you risk something more serious.
krx
should i not contest thisand just accept it? would be better to speak to a solicitor?

andy_foster
QUOTE (andy_foster @ Tue, 10 Mar 2009 - 19:59) *
Were you holding the phone while you were using it? If so, the offence is complete regardless of whether you were also using a 'hands-free' kit.



QUOTE (krx @ Tue, 10 Mar 2009 - 22:40) *
the phone was in my hand yes. i wasnt however using the phone, i was using the handsfree kit and the phone was only in my hand because it was going to fall,


What on earth were you using the handsfree kit for if you weren't using the phone?
krx
a wired handsfree allows you to make and recieve calls without physically dialling/pressing or looking at the keys on your phone! you can use voice command dialing.

The Rookie
Allows you to make the car, indeed, I think we all know that, but its the PHONE that makes the call, however the incoming and outgoing noises are relayed to the core part of the phone isn't relevant, the OP was communicating whole holding, therfore wasn't hands free, rough, but that's the law.

Simon
Sizzler

QUOTE
I got a ticket today for driving whilst using mobile phone by a bike cop. The phone is registered to someone else.

The funny thing is i had a wired handsfree kit and was in my ear!! i tried toplead with the officer saying i was not using my phone and told him that he can see iv got an ear piece. he simply said the phone was in your hand so i will report you. and he did. He did however say that i will write that you had the ear piece in your phone in your hand.


This will help you, good luck. http://forums.pepipoo.com/index.php?showtopic=38608
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