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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was stopped by a police officer for using my phone while

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I was stopped by a police officer for using my phone while being in a motor car. I had stopped at traffic lights and had my phone plugged in and was tapping screen to access the Bluetooth function in order to connect it to my car kit (and the office confirm this in his statement as well).
I appealed the "spot fine and points" and the matter went to court where I was given 3 points and £100 fine plus court fees.
I want to appeal and fight this as I wasn't using the phone to make a call - I was accessing the Bluetooth application to connect the phone to my car - and the officer confirmed this in his report.
Is it worth my appealing this bearing in mind I wasn't using the phone to make calls or sending texts AND again, the officer confirms this in his report. I pleaded guilty at the hearing as I had mitigating circumstances and I was confident the court would take this into account but they have ignored the mitigation and issued a standard judgement.
Should I appeal this and risk it potentially getting worse (as I clearly didn't do anything wrong within the definition of the law) or should I just accept it?
I have never had any endorsements on my license and I don't want to start now. I am careful and considerate driver. Please advise.
Thank you.
M. Wacha
Jo C.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would like to know about this please ?
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Customer: replied 3 years ago.

I was stopped by a police officer for using my phone while being in a motor car. I had stopped at traffic lights and had my phone plugged in and was tapping screen to access the Bluetooth function in order to connect it to my car kit (and the office confirm this in his statement as well).
I appealed the "spot fine and points" and the matter went to court where I was given 3 points and £100 fine plus court fees.
I want to appeal and fight this as I wasn't using the phone to make a call - I was accessing the Bluetooth application to connect the phone to my car - and the officer confirmed this in his report.
Is it worth my appealing this bearing in mind I wasn't using the phone to make calls or sending texts AND again, the officer confirms this in his report. I pleaded guilty at the hearing as I had mitigating circumstances and I was confident the court would take this into account but they have ignored the mitigation and issued a standard judgement.
Should I appeal this and risk it potentially getting worse (as I clearly didn't do anything wrong within the definition of the law) or should I just accept it?
I have never had any endorsements on my license and I don't want to start now. I am careful and considerate driver. Please advise.

Thank you.

M. Wacha
Yes, I have read the facts.
What is your question about this?
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Customer: replied 3 years ago.

Should I appeal the court's ruling (as I clearly didn't do anything wrong within the definition of the law) and risk it potentially getting worse or should I just accept it?

I have never had any endorsements on my license and I don't want to start now. I am careful and considerate driver. Please advise.

Customer: replied 3 years ago.

Should I appeal the court's ruling (as I clearly didn't do anything wrong within the definition of the law) and risk it potentially getting worse or should I just accept it?



I have never had any endorsements on my license and I don't want to start now. I am careful and considerate driver. Please advise.
Well, it is ultimately a matter for you.
However, if you accept tapping the screen whilst driving then that is an offence. 'use' of a mobile phone is very wide ranging and does not mean making calls alone. Tapping a screen to access any of it's features is sufficient.
In any event, if you pleaded guilty then there is no realistic appeal from that. You do have an automatic right of appeal to the Crown Court but it is not one that can be pursued in practice in the light of your guilty plea.
If you appeal then you will lose because you do not have a defence and have to pay further costs.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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Customer: replied 3 years ago.

Jo,

I only pleaded guilty as I believe the mitigating circumstances would be taken into consideration... otherwise I wouldn't have do so.

Granted yes I did tap the screen of my phone whilst stopped at traffic lights but it's neither dangerous driving nor was it a conversation on the phone.

Surely this is some way of appealing this.

I wouldn't even mind paying the fine as long as I don't get the endorsement.

Regards,

Malik
Yes, that might be right. But you pleaded guilty.
There is a way of appealing. You will lose and have to pay costs of about £200-£200 in addition to the £85.
Also, they will probably increase your fine as £100 was a very low fine.
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Customer: replied 3 years ago.

I will pay the fine as long as I don't get the endorsement... how would I appeal?
You will still get 3 points. That is mandatory.
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Customer: replied 3 years ago.

Jo,

So how do I appeal then?
You just submit an appeal notice to the Magistrates Court within 21 days of sentence.
Some courts keep specific forms and some just require it be set down in writing. They will probably let you do it by post.
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Customer: replied 3 years ago.

Do you know what this form is called? and is it just the normal way to appeal?

From the Magistrates it is.
It is called notice of appeal
i have always done it by submitting a manuscript notice of appeal to the court on the day.
I am happy to continue with this but please leave feedback from my answer.
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