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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 1488
Experience:  Owner at James Bruce Solicitors
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I had a mobile phone in my left hand as it dropped from my

Customer Question

I had a mobile phone in my left hand as it dropped from my holder but is was dead and I told the officer I was not i the phone and you can look at it . He refused to look at my mobile phone . Saying I can change the settings etc .
JA: Where are you? It matters because laws vary by location.
Customer: Leicester
JA: What steps have you taken so far?
Customer: I’ve got notice of guilty or not guilty plea
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Law
Expert:  james bruce replied 1 month ago.

Hello I will assist.

please confirm as you don’t say, were you driving at the time

Customer: replied 1 month ago.
Expert:  james bruce replied 1 month ago.

When driving it is an offence to have in your hand a mobile phone or other device.

A mobile telephone or device will be in use where it is making or receiving a call, or performing any other interactive communication function, whether with another person or not.

Customer: replied 1 month ago.
It was in my hand dropped from my holder but it was dead battery died and I told the officer that
Expert:  james bruce replied 1 month ago.

To be guilty of the offence you have to be

  1. Holding the phone
  2. And using it to call, text, or any other use.

The prosecution would have to proof beyond doubt that you were using it.

the offence is 6 points and a £200 fine and if in court upto £1000

Customer: replied 1 month ago.
They have to prove I was using it ? My phone was dead at the time
Customer: replied 1 month ago.
I was holding it in my hand
Customer: replied 1 month ago.
If I’m guilty for holding it in my hand then that’s true I did hold it
Expert:  james bruce replied 1 month ago.

You must be using it.

when you had hold of it how do you know it was dead.

Customer: replied 1 month ago.
Lol it dropped from my holder I knew it was dead and I got hold of it in my hand and left it in my hand I untill I can safely put it back
Customer: replied 1 month ago.
Is it an offence to hold it in your hand :.. with phone live or phone dead
Expert:  james bruce replied 1 month ago.

No it must be in use. Even pressing a button would class as being in use.

if you go not guilty, the court could order that you produce phone records for that day as proof of no use.

Customer: replied 1 month ago.
Interesting
Expert:  james bruce replied 1 month ago.

They would only be looking at records for around the time you were stopped that’s all.

Expert:  james bruce replied 1 month ago.

Can I assist further, here to help you.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.

Expert:  james bruce replied 1 month ago.

hello, just checking back to see if I can assist further, here to help if needed.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.