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HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Stefan grindrod

I HAVE BEEN PULLED BY THE POLICE ON THE 14 JANUARY 2019 AND I ONLY PASSED MY TEST ON THE 19TH JANAURY 2017.. SO I ONLY HAD 6 POINTS AT THE TIME OF THE INCIDENT... NOW I HAVE 12 CLEAN POINTS ON MY LICENCE AS I HAVE BEEN DRIVING 2 YEAR 5 MONTH.... WILL THE DVLA GO BACK TO THE 14TH OF JANUARY AND REVOKE MY LICENCE AND WILL I HAVE TO SIT A RE TEST... I CANT AFFORD TO FIGHT THIS IN COURT AND I UNDERSTAND I CAN GO STRAIGHT FOR A RETEST AS ITS NOT CLASSED AS A BAN...

I WASNT ACTUALLY DRIVING MY CAR I WAS MONOVERING IT OUT OF A PARKING SPACE IN THE ALDI CAR TO LET A YOUNG WOMEN AND CHILD GET IN TO THE MOTHER AND BABY PARKING SPACE THEN I PULLED ON TO THE ROAD AND IMEDIATELY PULLED TO THE SIDE OF THE ALDI NEXT THING A POLICE CAR PULLED IN FRONT OF ME AND DID ME FOR BEEN ON MY PHONE I LITTERALLY MOVED 2 YARD ON THE ROAD

NEED HELP ON THIS GOT TO REPLY IN 19 DAYS...ANY HELP IS GOOD HELP

Edited by Stefan grindrod on 19/06/2019 at 03:33

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Bromptonaut

First of all you were driving. It makes no difference whether you were shuffling spaces on a a supermarket car park or shuffling along in a queue of traffic. You haven't a hope in hell of defending the offence.

If you'd already clocked up six points (only six??) in two years then surely your licence would have been revoked under the New Drivers Act and you'd already face a re-test. Twelve would be a disqualification anyway.

While I appreciate you cannot afford solicitors hourly rates plenty of traffic lawyers will give you ten minutes of their time as a 'bait'. Your circumstances seem so straightforward that a well versed expert could knock off his advice in under a minute.

Alternatively your local Citizens Advice may give you access to a 'pro-bono' legal advice service.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Stefan grindrod

I haven't got any points as yet I have a full clean licence what I'm trying to say is would I get my licence revoked even tho I have been driving now for 2 years 5 month... and I know I shouldnt of been on the phone full stop it was just an important phone call about my sons health.. did explain this to the joker but he wasn't having none of it so I accepted the penalty notice... I have sent one form saying I want to go court and now they have sent me a pack out to say if I want to go to court so and so on... or I can plead guilty by the paper work and not go to court I just want to know if there gonna revoke my licence for me been 4 days short of my 2 years where is if I had got the six poimts nw and not then I would have six points left because I am technically past my 2 year now

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - lordwoody

"did explain this to the joker "

Maybe not the best attitude.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Stefan grindrod

He was I ain't like that with all the police force it's just way I thought I was treated unfairly to be honest I know there isnt any boundaries to say you can use your phone its a straight NO Exceptions to using your phone but it was just an important call about my sons health so just couldn't miss the call

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - galileo

He was I ain't like that with all the police force it's just way I thought I was treated unfairly to be honest I know there isnt any boundaries to say you can use your phone its a straight NO Exceptions to using your phone but it was just an important call about my sons health so just couldn't miss the call

Why not stop, turn off the engine and ring back, the number of the 'missed' call would be shown on your phone? It wasn't going to affect anyone's health if the conversation was held one minute later?

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Stefan grindrod

OK right but that's not the thing tho is it... i ain't on about why I got pulled over I just want to know if they revoke my licence because I was 4 days short of finishing my 2 years why they pulled me is irellevent to any of you I just want to know how the law works round it...yeah shouldn't of done it but if I need to surrender my licence then I need to be ringing the test centre to get back on the road asap and how long do you hAve to wait

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Bromptonaut

OK clear about circumstances now. I was use of term clean points that confused me.

My suggestion to call a traffic solicitor or seek pro bono help from Citizens Advice still stands.

I haven't time to do the leg work myself but I suspect the correct search will get you an answer from Mr Google.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Gibbo_Wirral

Good news, you'll get off.

Bad news, it will cost you several thousand pounds to use "Mr Loophole" solicitor Nick Freeman.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Leif

Good news, you'll get off.

Bad news, it will cost you several thousand pounds to use "Mr Loophole" solicitor Nick Freeman.

We have the best legal system you can buy. Freeman will of course never encourage you to lie, oooh nooo, but he will discover a compelling reason why you had to answer the phone.

OP: I have to say your posts are almost unintelligible. Why are you getting six points? Isn't the penalty 3, or do you already have 3?

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Bromptonaut

OP: I have to say your posts are almost unintelligible. Why are you getting six points? Isn't the penalty 3, or do you already have 3?

I struggled to understand the OP too. I wonder if the poster is from a non UK background. Some places remove points for infractions so a clean licence would be one with a full complement of points.

The penalty for mobile phone use is six points and £200 fine:

https://www.gov.uk/using-mobile-phones-when-driving-the-law

Links from that site suggest endorsements for most offences are removed on anniversary of offence which implies they would also be applicable from date of offending. If so then OP's license will be revoked, he'll need to apply for a new provisional and then pass both theory and practical tests. To be honest how the points apply is a simple practical one and should be within capacity of a clerk at DVLA, Mags Ct or traffic offence centre to answer.

Edited by Bromptonaut on 19/06/2019 at 15:32

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Wee Willie Winkie

It's counted as the date of the offence, so your licence would be revoked under the new driver regulations.

You will need to reapply for your provisional licence and then pass both the theory and practical tests again.

Edited by DieselBoy on 20/06/2019 at 07:41

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Lee Power

Nice to hear the Police catching mobile phone offenders.

If the key is in the ignition / engine running & your sitting in the drivers seat, don't touch or handle your phone.

Expect to loose your licence under the new driver regulations.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Middleman

What have you got to reply to in 19 days? Have you got a "Single Justice Procedure Notice" asking if you plead guilty or not guilty? If you have, from what you say you have no defence and pleading Not Guilty will simply increase your fine and costs. Were you offered a Fixed Penalty for the offence?

Anyway, if the matter goes to court you will receive six points and since it is the date of the offence which is used to calculate whether your offence falls within the two year period, your licence will be revoked. The court plays no part in that process and has no discretion over it. It is an administrative function carried out by the DVLA.

HELP!!! - NEW DRIVER BEEN CAUGHT USING A MOBILE PHONE - Leif

Thanks, that makes it clearer.