Stopped by police! Please advise

[danhutton]

I was stopped on thursday and unfortunately I was on my mobile. I ended up getting the safety speech, with the option of paying a £30 fine (fixed penalty) or a court appearance! I was done on offence code 701 - Driver not in proper control of vehicle. Is there anything I can do. Ps. I was driving an automatic, and to make matters worse, an uninsured, disqualified driver drove past whilst I was been lectured - which apparanly they cant do anything about! - Really fair?

[madant69]

Blimey - I guess they couldn't wait 'til tomorrow at 00:01

Seriously though, "I was on my mobile" would not usually get you a ticket for not in proper control, especially if you were on a straight bit of road - this scenario is exactly why the new legislation is coming in.

If you were using it going round a bend or roundabout, throwing the wheel through your free hand/knees while changing gear with your chin, definitely would.

And the bit about an uninsured disqual driving by and the police not going after it makes no sense at all. Usually the fixer gets ripped up half way through and with a cheery "must be your lucky day!" I'm off!!

You're not a troll are you?

[outlaw]

plead not guilty they have to prove you want in control

[mrflibbles]

How do you know an uninsured disqual driver went past?

Personally, i'd just take the fine - its only £30, i presume you dont get points for that kind of thing?

[madant69]

outlaw said:

plead not guilty they have to prove you want in control

me Outlaw we're in agreement! I'll get the cider in!!

And none of that tourist crap neither!

[hedders]

madant69 said:

outlaw said: plead not guilty they have to prove you want in control me Outlaw we're in agreement! I'll get the cider in!! And none of that tourist crap neither!

If thats true, they are going to have a lot of court cases on their hands...

[monster1]

Heddders,

Don’t get confused, the not in proper control offence requires some kind of manoeuvre/ lack of full control to be proved.

The mobile phone offence ONLY requires the fact that the mobile was in your hand.

[hedders]

monster1 said:

Heddders, Don’t get confused, the not in proper control offence requires some kind of manoeuvre/ lack of full control to be proved. The mobile phone offence ONLY requires the fact that the mobile was in your hand.

OIC, ta

I guess i am going to have to pull my finger out and get myself a kit installed...or i might just wait and see if it gets enforced any more than the seatbelt or foglight laws

[voyds9]

What I find real ping annoying is that it is illegal to hit the button on the head set but it is REASONABLY OK to change station on radio or talk or pick nose.

[hedders]

voyds9 said:

What I find real ping annoying is that it is illegal to hit the button on the head set but it is REASONABLY OK to change station on radio or talk or pick nose.

And CB radios are still perfectly legal AFAIK, as are mini cab radios and police radios and applying make-up..

[gh0st]

hedders said:

voyds9 said: What I find real ping annoying is that it is illegal to hit the button on the head set but it is REASONABLY OK to change station on radio or talk or pick nose. And CB radios are still perfectly legal AFAIK, as are mini cab radios and police radios and applying make-up..

Or even worse, a mini cab driver in a police car on the radio while applying make-up

[monster1]

The mobile phone legislation now makes holding a mobile phone a specified offence. It is and has always been an offence to use CB, read a paper, pick your nose, change the radio station whilst making a manoeuvre. The offence is still not in proper control.
This legislation has just highlighted the fact that mobile phone use is dangerous and the legislation had to be passed to make it an offence in its own right so it can be made endorsable next year. (3 points, £60).

[smokin220]

220

To show those who make up these daft laws how most of us feel, prehaps we should have a

"National banana in your ear driving day"

I'm suggesting this as I have now successfully transplanted a Nokia into a banana

Trials have just started with a cucumber and a marrow for those of you that have big phones and want to make a point.

[Big_M]

smokin220 said:

220 "National banana in your ear driving day"

Can I put a vibrator in my ear

[smokin220]

Big_M said:

smokin220 said: 220 "National banana in your ear driving day" Can I put a vibrator in my ear

220

wouldn't that give you a "Buzz" nice though it may be.

[Big_M]

smokin220 said:

220 wouldn't that give you a "Buzz" nice though it may be.

Yeah - and you can call me Dick Head

[smokin220]

Big_M said:

smokin220 said: 220 wouldn't that give you a "Buzz" nice though it may be. Yeah - and you can call me Dick Head

220

Wouldn't dream of it, I'm a "gentleman" driver don't you know

[Cooperman]

Dan,
If I were in your position I would not accept the fixed penalty option.
I would write them a letter saying that you do not accept that you were not in proper control of your vehicle, that you intend to plead not guilty and will be requiring them to provide your solicitor with their evidence at least 7-days prior to any court case. Point out that you would expect the evidence to include a statement from the police officers describing any apparent loss of control, i.e. sudden lane changing, hitting the kerb, causing other motorists to have to brake suddenly, etc., as there must have been some or all of these to show that you were not in control.
Ask also if they have any video evidence.
Last Thursday the use of a mobile phone was not illegal in itself.
Go for it!

[danhutton]

cheers! will do! who do I write to?

[p7ulg]

Just wondered what the story is about heavily tinted side windows,Now that the police have to be able to see into your car to see you using the phone.