Stationary – Not Driving

Question:

A while ago my son was driving along x Road in Hull, when his mobile phone went off, rather than answering it whilst driving, he pulled into the side of the road before answering it.

Whilst on the phone a foot patrol police officer happened by and approached his vehicle whilst stationary parked up, although the engine was still running and accused him of using his mobile phone whilst driving.

My son stated his case that he wasn’t driving and that the vehicle was parked / stationary, however the police officer was quite adamant that he was considered to be driving.

Nothing was heard about this until this morning when a letter arrived stating they were intending to press charges. Doesn’t the fact that he was parked up count for anything??????

Paula Says:

Your son has not committed an offence unless the officer is suggesting that he saw him using the phone before he pulled up. To be guilty of driving whilst using a phone you have to be in motion. Driving is defined as motion and control of a motor vehicle.

If the court finds that your son wasn’t driving then your son will be found not guilty.