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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have received a notice of intention to prosecute for

Resolved Question:

I have received a notice of intention to prosecute for alleged use of mobile phone while driving. But I was not, my ipod fell off the cup holder and I picked it back up to place in the cup holder.the ipod is old and does not have the ability to receive or send any data or connect to the internet.what can I do with the NIP? Do I send this in? I dont want to admit to any guilt as i belief an old ipod is not a mobile device
how do I discuss this with them to drop the case
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Were you stopped by the police at the roadside? Do you have a clean licence?
Customer: replied 1 year ago.
No apparently it was a police camera at the road side, I think a police van camera.
Yes it's a clean licence, had it for around 2 years
Expert:  Alice H replied 1 year ago.
OK I understand. At the moment you are not being asked to admit or deny anything. The police have sent you the NIP to a) notify you of the alleged offence and b) obtain the drivers details. Failure to give the drivers details could result in 6 penalty points being endorsed on your licence, therefore, since you accept being the driver at the time of the alleged incident you should send the form back with your details. The police will probably then offer you a fixed penalty 3 points and a fine £100. If you accept that's the end of the matter - if you wish to challenge the case it will result in a trial in the Magistrates Court - if you lose you will end up with 3 points but with around £600 in fine and costs. So you can contest this matter but if you lose obviously you will be out of pocket. The other thing you should you note is that picking up an iPod which fell out of the cup holder and putting it back whilst driving may mean that you were driving without due care and attention - an admission to such an offence could result in 3 - 9 points being endorsed. Only you can decide which route to take - but at this stage they simply want the drivers details. Alice
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