Hi can anyone help me with this. 2 policeman pulled me over last night for being on my mobile phone. I had the mobile in my hand resting on the steering wheel (it does have a speaker phone) but I was 100% not on the phone, my phone records would easily prove this. I was so adamant that I was not on the phone that the police decided to issue me with offence code 291 driver not in a position to have proper control. I cannot find this code on the DVLA website. Anyway, they argued that I should always have 2 hands on the wheel at all times. They said that I should have a fitted phone. Having thought about this, even if you have a fitted phone, you have to take a hand off the wheel to dial your call? Any ideas on this one, it seems to be a very weak prosecution, mainly based on the police hitting their quotas..the police are very keen for me to take the fixed penalty!
Using a phone whilst driving used to be covered by Reg 104 MV Con and Use) Regs 1986
No person shall drive or cause or permit a person to drive a vehicle on a roadif he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead. Max fine £1000.
The escalation of such use and accidents they caused made HMG to make it a specific offence to use a hand–held phone or similar device, when driving.
From 1 December 2003 it became a specific offence to use a hand-held mobile phone in a moving vehicle. The penalty was a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches), but no points.
However from 27 February 2007 the fixed penalty is now 3 points on your licence and a minimum fine of £60.
In your case it looks as if they cannot prove the specific phone offence and on seeing your hands off the wheel have opted for the Con and use offence which has been used against people even for eating at the wheel etc.
You have the option of paying the Fixed penalty and the matter all over and done with
OR
Not accepting the FPN and electing a Not Guilty Court appearance where you will have to convince the Magistrates you had proper control. If after hearing the evidence from the Police and accepting your verbal evidence on oath from the witness box they canl dismiss the case. If they don't accept and bring in a verdict of Guilty then in addition to the fine they impose there will be additional prosecution costs anywhere between £30 -60 plud a Victim Support Supplement of £15 which will put you in exceees of the FPN fine.
Only you know the strength of your argument against so its up to you to decide the course of action to take.
dvd
apologise Mods in repeating posters comment but this is the only way I can get the site to accept my comments......
Edited by Dwight Van Driver on 09/02/2012 at 15:22
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