Driving with mobile switched off
Discussion
Evening all
I was pulled over and got a print out stating I was driving with a mobile and the paperwork will be posted out to me, the situation was although I did have it in my hand it was switched off because earlier in the day it had ran out of battery.
Whats the chances I would win if I fought it?
Thanks in advance
I was pulled over and got a print out stating I was driving with a mobile and the paperwork will be posted out to me, the situation was although I did have it in my hand it was switched off because earlier in the day it had ran out of battery.
Whats the chances I would win if I fought it?
Thanks in advance
mgsontour said:
Evening all
I was pulled over and got a print out stating I was driving with a mobile and the paperwork will be posted out to me, the situation was although I did have it in my hand it was switched off because earlier in the day it had ran out of battery.
Whats the chances I would win if I fought it?
Thanks in advance
Ok I’ll ask.I was pulled over and got a print out stating I was driving with a mobile and the paperwork will be posted out to me, the situation was although I did have it in my hand it was switched off because earlier in the day it had ran out of battery.
Whats the chances I would win if I fought it?
Thanks in advance
If it had a flat battery, why did you even need to look at it, let alone touch it?
To answer your questions in one go, I'm on PAUG but do have an account with O2 I've had for years so I'm guessing they will have a record showing it normally stays switched on and only switches off when it reboots after update yet on the day in question it had acually ran out hours not moments before I was pulled. I did say to the policeman I wasn't using it but he didn't want to know what I had to say so I never said anything further apart from yes, no to his questions and gave hem my details
It’s even on the very front page of the .gov website about use of.
https://www.gov.uk/using-mobile-phones-when-drivin...
https://www.gov.uk/using-mobile-phones-when-drivin...
mgsontour said:
To answer your questions in one go, I'm on PAUG but do have an account with O2 I've had for years so I'm guessing they will have a record showing it normally stays switched on and only switches off when it reboots after update yet on the day in question it had acually ran out hours not moments before I was pulled. I did say to the policeman I wasn't using it but he didn't want to know what I had to say so I never said anything further apart from yes, no to his questions and gave hem my details
If you really were not "using" it then dispute the ticket and take it to court and take your chances. said:
It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.
This means you must not use a device in your hand for any reason, whether online or offline.
In the 1st line I'm guilty because I did have it in my hand but in the same same sentence I wasn't able to send or recieve data, then on the 2nd line again, guilty because it was in my hand.
Is this a worthy case from anyone in the know, if so who do I contact?
JagLad said:
Super Sonic said:
I think you will have to prove it wasn't powered up and also, given that, why it was in your hand. I think the second point may undermine the first.
Actually the police will have to prove he was using it. You have given the Police an easy ticket as you had it in your hand, they saw it and had a reasonable belief you were using it.
Trying to prove you weren't using it is not easy but if you manage to get evidence to prove that, would that be enough to overturn the reasonable belief of the Police Officer(s)?
If you were trying to prove the phone was off I would be looking at the internal phone logs to see what it was doing at the time of the alleged office.
You need a forensic phone investigator to obtain the log evidence that is suitable for court, kerr-chingg.
Trying to prove you weren't using it is not easy but if you manage to get evidence to prove that, would that be enough to overturn the reasonable belief of the Police Officer(s)?
If you were trying to prove the phone was off I would be looking at the internal phone logs to see what it was doing at the time of the alleged office.
You need a forensic phone investigator to obtain the log evidence that is suitable for court, kerr-chingg.
FMOB said:
You have given the Police an easy ticket as you had it in your hand, they saw it and had a reasonable belief you were using it.
Trying to prove you weren't using it is not easy but if you manage to get evidence to prove that, would that be enough to overturn the reasonable belief of the Police Officer(s)?
If you were trying to prove the phone was off I would be looking at the internal phone logs to see what it was doing at the time of the alleged office.
You need a forensic phone investigator to obtain the log evidence that is suitable for court, kerr-chingg.
Would the police not say ''that is the log from a different phone, we know he was using a phone as he had one in his hand" which brings us back to the original question. Why did the op have a phone in his hand?Trying to prove you weren't using it is not easy but if you manage to get evidence to prove that, would that be enough to overturn the reasonable belief of the Police Officer(s)?
If you were trying to prove the phone was off I would be looking at the internal phone logs to see what it was doing at the time of the alleged office.
You need a forensic phone investigator to obtain the log evidence that is suitable for court, kerr-chingg.
mgsontour said:
Thanks and staright away its clear but not clear to my scenario because it starts by stating
It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.
This means you must not use a device in your hand for any reason, whether online or offline.
In the 1st line I'm guilty because I did have it in my hand but in the same same sentence I wasn't able to send or recieve data, then on the 2nd line again, guilty because it was in my hand.
Is this a worthy case from anyone in the know, if so who do I contact?
On the basis that you have to ask "who to contact" my advice is to not bother other than to accept what comes. You don't contact anyone. You follow the process on the paperwork that comes to you. Along the lines of how to plead not guilty, not accept the fixed penalty and argue your case in court.It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.
This means you must not use a device in your hand for any reason, whether online or offline.
In the 1st line I'm guilty because I did have it in my hand but in the same same sentence I wasn't able to send or recieve data, then on the 2nd line again, guilty because it was in my hand.
Is this a worthy case from anyone in the know, if so who do I contact?
But again, really don't bother, especially if reading and understanding the info online is a challenge to you.
mgsontour said:
To answer your questions in one go, I'm on PAUG but do have an account with O2 I've had for years so I'm guessing they will have a record showing it normally stays switched on and only switches off when it reboots after update yet on the day in question it had acually ran out hours not moments before I was pulled. I did say to the policeman I wasn't using it but he didn't want to know what I had to say so I never said anything further apart from yes, no to his questions and gave hem my details
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