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FightBack Forums > Queries > Speeding and other Criminal Offences
deejaykrash
Hi guys - Wonder if you could perhaps put my mind at rest.

Basically i was in the correct lane up at a large roundabout, and was reading a text with my phone low down, looked to my right and an undercover cop car was sat there with two coppers looking at me, i didnt realise they were police and thought it was a cheeky bugger trying to cut in so actually used my phone in my hand to usher them forward, they looked just stared at me and I thought damn, they pulled in front and one waved a phone at me, then then turned off somewhere else....

Can I get done for this?

Cheers
ict_guy
Them waving a phone at you could have been a warning. But, they have 14 days to serve a NIP on you. So, the answer to your question, yes you can be done for operating a handheld communications device. Although, I would have thought that they would have stopped you since they were in front of you and could have pulled you very easily. It's a 14 day wait though.

Mr Curiosity
Mobile phone is not an offence that requires the service of an NIP so technicaly its a 6 month wait rather that 14 days however as ICT guy says you're probably fine, if they wanted to deal with you they would normally deal with you there and then.
neil3841
QUOTE (Mr Curiosity @ Thu, 25 Jun 2009 - 12:04) *
Mobile phone is not an offence that requires the service of an NIP so technicaly its a 6 month wait rather that 14 days however as ICT guy says you're probably fine, if they wanted to deal with you they would normally deal with you there and then.

but they would still need to S172 him so if he hasn't heard anything by 5 months and 4 days he is in the clear. As he has 28 days to reply.
deejaykrash
Thanks for your replies guys - Yes, I am sure as you have said if they wanted to do anything they would have quite easily done it there and then. Many thanks.
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