Phone use and existing points, is this a ban?
Discussion
.kiethton said:
What was the charge on the paperwork and what was your stepdaughter doing on her phone exactly?
No idea of the charge, I'm afraid, I suspect using a phone whilst driving, whatever the technical name for that is.I was told by her mother, she hasn't told me. She knows she won't get any sympathy from me. I have seen her driving whilst using her phone before and warned her about how stupid it is, obviously this warning wasn't enough, hopefully the ban will be.
Apparently she was holding the phone and talking to her boss, whilst approaching a roundabout OUTSIDE A POLICE STATION! An unmarked police car was waiting to exit the police station and saw her, probably one of the easiest stops they've ever had.
Some forces offer courses now for phone use offences.
If she isn't in one of these force areas, that'll be 6 points, totted up to 12 and (More than likely) a deserved ban.
Personally think phone use should be an immediate ban like drink driving. No call, email or message is more important than other road users lives.
If she isn't in one of these force areas, that'll be 6 points, totted up to 12 and (More than likely) a deserved ban.
Personally think phone use should be an immediate ban like drink driving. No call, email or message is more important than other road users lives.
Edited by CoreyDog on Tuesday 28th September 22:10
ChocolateFrog said:
Did they finally close the loophole where you could technically use your phone as long as you were not actually calling someone?
It's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
Not to my knowledge hence my question above, if she was actually on it she’s bang to rightsIt's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
ChocolateFrog said:
Did they finally close the loophole where you could technically use your phone as long as you were not actually calling someone?
It's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
It is up too 6 points, although there are various other things that can be added on top.It's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
Assuming her existing 6 points were active at the time of the stop, she couldn't accept a fixed penalty as the 6 points this carries would trigger the totting procedure.
This would mean a trip to court would be on the cards.
To avoid a totting ban if an additional 6 points were imposed, she'd have to convince the court that a period of disqualification would result in exceptional hardship being caused (primarily to others, not necessarily to her).
If this is followed up with anything other than the offer of a course, I would suggest getting in touch with AGTLaw.
This would mean a trip to court would be on the cards.
To avoid a totting ban if an additional 6 points were imposed, she'd have to convince the court that a period of disqualification would result in exceptional hardship being caused (primarily to others, not necessarily to her).
If this is followed up with anything other than the offer of a course, I would suggest getting in touch with AGTLaw.
Electro1980 said:
ChocolateFrog said:
Did they finally close the loophole where you could technically use your phone as long as you were not actually calling someone?
It's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
It is up too 6 points, although there are various other things that can be added on top.It's not a maximum of 6 pts, pretty sure it's a minimum of 6 pts.
Using it for other functions may mean you are committing other offences which carry different penalties and could see you with less than 3 points or conversely more than 6 points, the difficulty is convincing a court that you were using the phone for reasons other than making a call/ text etc.
Mobile phone courses seem to be offered less and less these days, as SS2 says wait and see what is offered and maybe contact AGT when you know what you are up against.
OP did your step daughter actually tell you what she was doing on the phone at the time she was stopped
martinbiz said:
The offence is using a handheld mobile phone while driving to perform an interactive function and carries 6 points if convicted end of, not up to 6 points or more than 6 points
Using it for other functions may mean you are committing other offences which carry different penalties and could see you with less than 3 points or conversely more than 6 points, the difficulty is convincing a court that you were using the phone for reasons other than making a call/ text etc.
Mobile phone courses seem to be offered less and less these days, as SS2 says wait and see what is offered and maybe contact AGT when you know what you are up against.
OP did your step daughter actually tell you what she was doing on the phone at the time she was stopped
Apparently she was holding the phone and talking to her boss (on the phone). Slam dunk guilty IMO. Hoping that she will be offered a course but that looks like a slim chance. Ironically she was offered a drivers awareness course (and therefore no points) instead of her last speeding points, she decided against the course and took the fine and points! She is regretting that decision too now!Using it for other functions may mean you are committing other offences which carry different penalties and could see you with less than 3 points or conversely more than 6 points, the difficulty is convincing a court that you were using the phone for reasons other than making a call/ text etc.
Mobile phone courses seem to be offered less and less these days, as SS2 says wait and see what is offered and maybe contact AGT when you know what you are up against.
OP did your step daughter actually tell you what she was doing on the phone at the time she was stopped
I don't get the hand held phone use while driving nowadays. If your car doesn't pair up so you can talk hands free, if you must, then there are things like the Parrot, which clips to the sun visor and you pair your phone with that. Mine cost me £35 years ago when I used one. It was excellent.
I still try not to use my phone while driving even though my Golf is great on hands free. What car is it OP?
I still try not to use my phone while driving even though my Golf is great on hands free. What car is it OP?
Short Grain said:
I don't get the hand held phone use while driving nowadays. If your car doesn't pair up so you can talk hands free, if you must, then there are things like the Parrot, which clips to the sun visor and you pair your phone with that. Mine cost me £35 years ago when I used one. It was excellent.
I still try not to use my phone while driving even though my Golf is great on hands free. What car is it OP?
She drives a BMW 4 series, apparently the Bluetooth dropped out so she picked the phone up. Apparently.I still try not to use my phone while driving even though my Golf is great on hands free. What car is it OP?
k her, take away her licence and crush her car. Too dangerous.Enut said:
Apparently she was holding the phone and talking to her boss (on the phone). Slam dunk guilty IMO. Hoping that she will be offered a course but that looks like a slim chance. Ironically she was offered a drivers awareness course (and therefore no points) instead of her last speeding points, she decided against the course and took the fine and points! She is regretting that decision too now!
I've always been amazed at people who turn down a speed/traffic light etc awareness course. Yes, they're a pain to attend, yes, there's often a degree of sanctimony about it (though the ones I've attended weren't overly preachy), but crucially, you save points on your licence. And you get to meet some spectacularly inept drivers, which is always good for a laugh.Vasco said:
I followed one on the M1 earlier today, weaving all over the lanes. Absolute nightmare.
No sympathy whatsoever for your step daughter here.
Ah Mr sanctimonious again, you clearly get off on making posts like these when you have absolutely nothing else to offer the OPNo sympathy whatsoever for your step daughter here.
Why do you bother wearing your nail varnish out?
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