Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: BadDriveroo on November 19, 2025, 01:34:03 pm
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With the assumption being that all the OP was doing was plugging in the charger, I'm surprised the advise is to accept that FP and take the speeding to court to argue EH.
I would have thought a decent traffic lawyer would look at trying to argue the mobile offence down to 'driving a vehicle while not in proper control'. Would see 3 points instead of 6 and possibly negate the need for an EH argument altogether if successful.
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I assumed an EH plea.
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... the barrister says take the phone points and go to court on the speeding, if they require it.
With the basis of your defence to the speeding charge being....?
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Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
You need to say exactly why the phone was in your hand at the time you were seen.
If you were simply picking it up to move it to a different place then you weren't using it but if you were doing something else such as checking the time on your phone or looking to see if you had any messages or e-mails then even though you may not have been making or receiving a call. as far as the law is concerned, you were using the phone.
Posted exactly what occurred above.
My default is your default and I can't imagine for a minute a magistrate would believe otherwise - I don't see how I could prove it.
The solicitor I contacted today seems to think the case is defendable on whether the police can, but since there were two of them... the barrister says take the phone points and go to court on the speeding, if they require it.
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Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
You need to say exactly why the phone was in your hand at the time you were seen.
Edited because I missed your explanation before I posted.
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Well, the offence is (crudely) using a mobile phone while driving. You said you weren’t using it. Yet you think you’re guilty. Hence my confusion. But I’m not the one facing a totting up ban so I’m disinclined to pull teeth to help you.
Well,
In response to someone saying the details may be relevant - I have posted the details.
In response to someone asking about an exceptional hardship case - I have posted my situation.
I'm not sure what else would be relevant - but I don't know what I don't know, which is why I found myself here.
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He seems resistant to actual help.
I'm not sure why you'd feel like that, my understanding is that any interaction with a mobile phone not in a fixed cradle is an offence.
If that's not correct you are welcome to tell me different.
Well, the offence is (crudely) using a mobile phone while driving. You said you weren’t using it. Yet you think you’re guilty. Hence my confusion. But I’m not the one facing a totting up ban so I’m disinclined to pull teeth to help you.
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You could try Andrew Thompson http://www.counsel.direct (http://www.counsel.direct) (He posts as AGTLAW on Pistonheads and is based in Leeds)
I have contacted him - thank you for the tip - ages since I've been on pistonheads, great to know it's still going.
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If you are convicted of both offences, what “Exceptional Hardship” will you or others suffer. Note the hardship must be exceptional – that is over and above that which everybody might suffer if they were banned?
This is where I think I'm at - thank you for asking.
I started a micro business 10 months ago - more successful than I expected - I left my old job which included driving to concentrate on this full time and capitalise on the surprising growth and christmas trade.
I currently have to drive parcels on a daily basis to a Postal drop off point. Parcels are numerous and heavy when in number - but not enough in number to qualify for collection services just yet - that will come within 6 months if growth continues.
The business plan includes multiple 'in person' markets in 2026 to raise our (the business) profile.
The business is just getting to the point it's clearing its start-up debt and on track to begin to pay me in the new year.
If I have to pay a driver - it's with what I would have paid myself and the business will fold once my savings run out. I am 50 single, no dependants (so no real case to make there) mortgage to pay and with 9-12 points - no prospect of getting my old job back, or any of the other obvious choices.
Not sure it's much of a case, but it's where I'm at.
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He seems resistant to actual help.
I'm not sure why you'd feel like that, my understanding is that any interaction with a mobile phone not in a fixed cradle is an offence.
If that's not correct you are welcome to tell me different.
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If you are convicted of both offences, what “Exceptional Hardship” will you or others suffer. Note the hardship must be exceptional – that is over and above that which everybody might suffer if they were banned?
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And are you actually guilty of those offences?
Yes.
But you said you were NOT using the phone. To be guilty of the offence, you have to be using it. Please give us more details.
Okay sure,
I was using SATNAV to find my way to the motorway - Phone in a fixed cradle, earbuds in in case of calls - as always.
My power cable is very fussy and will not remain in place whilst the phone is in the cradle.
Once I was on the Motorway approach I removed the phone from the cradle to plug in the power cable and leave it in a cubby hole where the charging cable is supported.
At the point the police passed me the phone was in my right hand and the cable in my left. I had to remove the earbuds to speak to the officer. I couldn't tell you what app was open on the phone at the time - purely random whatever it was.
TBH I thought it cut and dried which is why I didn't give more detail.
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And are you actually guilty of those offences?
Yes.
But you said you were NOT using the phone. To be guilty of the offence, you have to be using it. Please give us more details.
He seems resistant to actual help.
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Also have you phoned and asked if you can have a course? Worth a try.
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Google maps and search there for solicitors, you can then see reviews for them.
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And are you actually guilty of those offences?
Yes.
But you said you were NOT using the phone. To be guilty of the offence, you have to be using it. Please give us more details.
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And are you actually guilty of those offences?
Yes.
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And are you actually guilty of those offences?
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Unfortunately not - cannot be offered if you've had a speeding offence within the preceding 3 years.
Not true. As long as a speed awareness course wasn't done in the previous 3 years, you can have as many speeding offences as you like.
Okay, well, true or not - my offers are 3 points and 6 points respectively.
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Unfortunately not - cannot be offered if you've had a speeding offence within the preceding 3 years.
Not true. As long as a speed awareness course wasn't done in the previous 3 years, you can have as many speeding offences as you like.
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There are 2 true things that most people learn from a Speed Awareness Course, one of which would have probably prevented them from needing to take such a course - commercial vehicles are subject to lower default limits on ordinary NSL dual and single carriageways, and an ordinary road with street lights and no speed limit signs is a 30mph limit. Identifying whether a van is a CDV or not is probably beyond the script.
My only excuse to the speed offences is that after 32 years driving - the last 15 years in CDV's - learning your new van is actually commercial is one thing, remembering to always maintain your speed separately to everyone else is another. Both my existing and my new speeding offences are exactly on the speed limit for a CDV.
I mention the circumstances of the phone thing simply because I'm as disappointed in seeing people using their phone as anyone else.
Google gives me results, but knowing a good result from a poor one is beyond google. Going solo seems a bit like a wasted opportunity against a ban that will end my business.
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Already carrying 3 points - 70mph on a dual carriageway (hadn't realised my new van is Commercial Vehicle - not Car Derived).
Received NIP for 60mph on a single carriageway (commercial vehicle).
There are 2 true things that most people learn from a Speed Awareness Course, one of which would have probably prevented them from needing to take such a course - commercial vehicles are subject to lower default limits on ordinary NSL dual and single carriageways, and an ordinary road with street lights and no speed limit signs is a 30mph limit. Identifying whether a van is a CDV or not is probably beyond the script.
Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
Thankyou for correcting our misunderstanding.
Obviously need to fight a ban - how do people find a good solicitor? I'm in East Yorkshire.
No idea. Most people come here for advice on how to proceed without professional legal representation. I'm assuming that googling "motoring lawyer East Yorkshire" wasn't much help?
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Could you be eligible for a speed awareness course for the speeding?
Unfortunately not - cannot be offered if you've had a speeding offence within the preceding 3 years.
Currently sitting on 2 CFPO's dated the same day - 3 points and 6 points. The three I have expire July 26.
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You could try Andrew Thompson http://www.counsel.direct (http://www.counsel.direct) (He posts as AGTLAW on Pistonheads and is based in Leeds)
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Could you be eligible for a speed awareness course for the speeding?
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Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
I’m pretty sure it’s not irrelevant…
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Hi all,
Already carrying 3 points - 70mph on a dual carriageway (hadn't realised my new van is Commercial Vehicle - not Car Derived).
Received NIP for 60mph on a single carriageway (commercial vehicle). Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
Obviously need to fight a ban - how do people find a good solicitor? I'm in East Yorkshire.