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Marcinlondon
Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 385
Experience:  Qualified Lawyer - 8 years experience
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My mother needs some helo regarding a traffic offence,

Customer Question

My mother needs some helo regarding a traffic offence
JA: Where is your mother? It matters because laws vary by location.
Customer: Luton,UK
JA: What steps has your mother taken so far?
Customer: None. A policeman saw her touching her phone at the traffic lights a few months ago. She received a fine which she paid and then she has been told that she will receive further correspondence regarding how long will her licence be taken from her. A few days ago she has received a couple of papers saying that the fine was sent automatically and that she has 3 options. To plead guilty and see what happens (as they haven't mentioned), to say she is guilty but also show up to the hearing or just say that she isn't guilty. She just doesn't know what to do as the car is the only way she can make an income so if they take her licence away, she will be unemployed and not able to pay rent, food etc. She also doesn't know what kind of fine she would receive so naturally she is very concerned. Some advice would be appreciated!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She already had 6 points which expired but they were still "showing" in her records but the letters received state that she had "9 points at the time of the offence" which is not accurate so she is also confused by this
Submitted: 16 days ago.
Category: Law
Expert:  Marcinlondon replied 16 days ago.

Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.

Customer: replied 16 days ago.
Hello, ok thanks!
Expert:  Marcinlondon replied 16 days ago.

Thank you for your patience, I am sorry to hear about it. I cannot tell you how to plead (or how your mother should plead to be precise) but I can clarify what the law states so you can then decide what you what to do. If you are after a legal advice – you have to instruct a lawyer outside of this platform, we cannot do it here.

The law makes it very clear. You must stay in full control of your vehicle at all times. The police can stop you if they have grounds to believe you’re not in control because you’re distracted.

This is still the case if you’re stopped at traffic lights or queuing in traffic. You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. If your mother pleads not guilty and the police proves that she was "using" the phone - then she will be found guilty and sentenced.

If she was to be found guilty she is facing to be banned from driving and can get a maximum fine of £1,000.

If your mother argues successfully that she was not using the phone - then she may have a chance to win, but to explore this avenue I strongly suggest instructing a solicitor outside of this platform. The site rules do not allow us to help beyond this point.

Expert:  Marcinlondon replied 16 days ago.

I trust this is helpful in any event. Feel free to come back with any related questions. I will help to the extent I can!