Question Of The Month!

Question:

Mobile Phone offence

I have 9 points was stopped with the phone velcroed to my shoulder both hands were on the wheel could I get away with this?

Paula Says:

I don’t get many questions that make me smile but yours did!

I am sure you are not smiling right now though.

Has the officer given you a ticket or told you that you are going to be summonsed to court? Or is this a hypothetical question?

I actually think that you have a strong defence on the face of it. What you have done is no different to having a hands free kit. The prosecution would have to prove that you were using a “hand held” mobile whilst driving.

They cannot do that if it wasn’t held in your hand. Did you have to hold it to engage the call?

The only other offence could be not having proper control of the vehicle which actually carries three points too, but the police would have to show that you didn’t have a proper view of the road ahead – for that offence to be proved.

I would love to defend this for you and try and get the CPS to withdraw without trial. Have you got the officer’s statement yet? I bet he was scratching his head?