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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2688
Experience:  Owner at James Bruce Solicitors
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I was asked to pull over while driving the phone was on my

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Hi there i was asked to pull over while driving the phone was on my lap For only a second i lifted up the police caught it I have never actually talked on the phone when i was driving in my life And never had a point in my life
JA: Where are you? It matters because laws vary by location.
Customer: england
JA: What steps have you taken so far?
Customer: nothing I have arrived home 45min-1h ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no this is it really

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If you held the phone for any period of time a second or longer, then very sorry to say but you will be guilty of using the devise whilst driving. The offence is a strict liability matter, if they have found you using or holding the devise then they have you.

Customer: replied 16 days ago.
now what is going to happen
Customer: replied 16 days ago.
Am i going to the court?
Customer: replied 16 days ago.
He said he doean’t know
Customer: replied 16 days ago.
It might happen he said

If you touch the devise at any time whist driving that is the offence, you can only really use a phone with bluetooth or hands free voice control to be safe.

If the police have not issued you with a ticket, then you will more than likely receive papers in the post. The offence carries 6 points on the licence.

Customer: replied 16 days ago.
He didn’t issue me a ticket
Customer: replied 16 days ago.
He said it will come in the post
Customer: replied 16 days ago.
Why did he give me a vague answer about the court. I didn’t get it
Customer: replied 16 days ago.
There should be rule there
Customer: replied 16 days ago.
Is it a bad thing that I didn’t get a ticket there?
Customer: replied 16 days ago.
Coming with the paper means a bad thing?

The reason for a vague answer is simple. Once the paperwork is processed, if they see you have less than six points on your licence, in your case none, then they will issues a fixed penalty for the fine and 6 points for the offence. If it was discovered when processing the paperwork that you already had 6 points or more on your licence, then you would be issed a summons to court, because this offence carries 6 points which added to existing points would make a totter one liable to disqualification. However as you have no points you should receive a fix penalty in the post.

Customer: replied 16 days ago.
I told him that I have had no pints in my life he was still vague about it.
It is so funny people on the motorway deivibg terribly get away with that me being a such good deiver caught on one occassion like this.
I feel terrible. Do I need to be worried ( which I’m already as I have never stopped by a police before) for anything?
Customer: replied 16 days ago.
shall we say i’ll only get points and that’s it which is already really bad for me.. God forbid for any reason if I loose any more points

The offence is only a fixed six points. During covid19, far less tickets are being issued face to face but are being processed from the office for safety and to also allow checks on licences, far safer for all.

So really just a case of waiting for the ticket to arrive in the post.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 16 days ago.
Hi James,
Do I specifically need to fill the papers?
And If they send me to the court for any reason what do I need to do?

The papers when they come should either offer a fixed penalty or give you the option to plead guilty. They whole matter can be dealt with paper wise with no court appearance.

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