mobile phone use

[j4ckos mate]

Hi all, im after some advice,
I was caught and stopped three weeks ago for using my a mobile phone whilst driving,
(totally stupid thing to do and i deserve all i get).


I was doing appx 15 miles an hour driving onto a business park, around 9.15am no schools nearby etc, a woman at work, who is scared of her own shadow called me to advise me of a problem at work, foolishly i answered.

I shouldn't have took the call, and the X5 saw me followed me onto business park found me and told me off.

He asked me my details, which he checked, gave me a copy of a narrow/long green piece of paper, i asked him what will happen, he said nothing as yet they will write to you.


I still haven't heard and its been three weeks,
i haven't been stopped for twenty years (43 now), never had points or a producer or a course even.
My question is, what will happen? is it too late to prosecute as ive not had a notice of intended prosecution? will i get a course? or nothing at all.

[marshalla]

What does it say on the piece of paper that you were given ?

[mph1977]

Because you were stopped and given paperwork at the time the stuff aobut NIPs being posted within 14 days is irrelevant.

What does the paperwork say ? - this may well serve as the NIP

Were you given the 'interview' type caution at the time of the stop " I must caution you that i am reporting you for the consideration of prosecution in the matter of driving while using a mobile phone, you donot have to say anything blahblahblah , do you understand this ? do you have anything further to say ?"

then they've up to 6 months to lay it before court / issue a fixed penalty/ offer you driver improvement course or whatever else.

Edited by mph1977 on Thursday 9th October 14:42

[Mk3Spitfire]

I imagine you were given a TOR (traffic offence report) or your forces equivalent.
Essentially the officer fills it in with the details of the offence. They then submit it to their traffic dpt decision maker. They will then look at the offence, look at your licence history, and decide what the best course of action is for you. You could receive offer of a fixed penalty (£100, 3 points) a court summons, or an online course which carries a smaller fee and no points. If you get offered this, take it.

[agtlaw]

mph1977 said:

Because you were stopped and given paperwork at the time the stuff aobut NIPs being posted within 14 days is irrelevant.

What does the paperwork say ? - this may well serve as the NIP

Were you given the 'interview' type caution at the time of the stop " I must caution you that i am reporting you for the consideration of prosecution in the matter of driving while using a mobile phone, you donot have to say anything blahblahblah , do you understand this ? do you have anything further to say ?"

then they've up to 6 months to lay it before court / issue a fixed penalty/ offer you driver improvement course or whatever else.

Edited by mph1977 on Thursday 9th October 14:42

Section 1 RTOA 1988 isn't applicable to s41D.

[Red 4]

agtlaw said:

Section 1 RTOA 1988 isn't applicable to s41D.

Or in non-lawyer speak you don't need to be given an NIP for using a mobile whilst driving.

NIPs are only required for specific offences;

Dangerous/ Careless driving, fail to conform to directions of police officer engaged on traffic duty, fail to conform to section 36 roadsigns and directionss, leaving a vehicle in a dangerous position, exceeding the speed limit, aiding and abetting any of the above ...

If involved in an RTC an NIP is also not required.

[Landshark]

Although you may find some traffic officers say it as part of their spiel each time they give out a ticket.

[Red 4]

Landshark said:

Although you may find some traffic officers say it as part of their spiel each time they give out a ticket.

.... and some send a little gift by post as well as issuing a verbal NIP

[ging84]

Red 4 said:

.... and some send a little gift by post as well as issuing a verbal NIP

I've got my defence sorted if i ever get caught using a phone while driving
some guy on an internet forum made me do it, he said i'd get present from the police

[lbc]

j4ckos mate said:

and the X5 saw me followed me onto business park found me and told me off.

What on earth is an X5?

Surely only the Police can do anything?

Or did you mean the Police were in an X5 that stopped you?

[Mk3Spitfire]

lbc said:

What on earth is an X5?

Surely only the Police can do anything?

Or did you mean the Police were in an X5 that stopped you?

See if you can work it out...

[agtlaw]

Red 4 said:

If involved in an RTC an NIP is also not required.

The word you are looking for is accident; see s. 2(1) RTOA 1988.

[mph1977]

agtlaw said:

Red 4 said:

If involved in an RTC an NIP is also not required.

The word you are looking for is accident; see s. 2(1) RTOA 1988.

do judges regularly accept your clairvoyance ?

[j4ckos mate]

Hi all,

i did get the "you have the right.... etc"
when he stopped me,

I honestly never have been stopped or had points or a course or any dealings with the police at all in any shape or form since i was last stopped for coming out of a nightclub car park in my manta when i was 19.

So i was hoping it would be the 14 day rule,
ok hopefully i will be offered a course

thanks

[mph1977]

j4ckos mate said:

Hi all,

i did get the "you have the right.... etc"
when he stopped me,

I honestly never have been stopped or had points or a course or any dealings with the police at all in any shape or form since i was last stopped for coming out of a nightclub car park in my manta when i was 19.

So i was hoping it would be the 14 day rule,
ok hopefully i will be offered a course

thanks

you were stopped , you were spoken to and you have the form ...

agtlaw made a valid point about NIPs and the offence in question but that's by the by you were stopped, told you were being reported etc so the 14 days is irrelevant - as you were reported effectively 'immediately' ( although in reality it will take a day or two for the paperwork / write up to make it;s way fro mthe officer who stopped you to thepeople who process it and decide course / fixed penalty / refer to the CPS for court etc