3. Using Mobile Phone
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Using Mobile Phone
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Hi All,

I received a fixed penalty ticket yesterday after being pulled over for allegedly using my phone.

The police officer said he seen me pass him at the junction with my head tilted down.

I was doing two things at that point. I was looking down to press the button for my auto start/stop. In the car i was driving the button is in my centre console. In my other car the button is below the steering wheel. Its likely my head was down a little to locate the button. I had also just pulled my phone & wallet from my door pocket to put into my pocket because i was about to stop & go into the sainsburys which is when the police stopped behind me with their lights on.

I was asked if i was using my phone. I admitted it because i had just held my phone. But upon doing a little research. I have now realised that it is not an offence to handle your phone. Just to activate the screen & use it.

The electronically printed ticket says the offence then in brackets it says (see note). I cant see a note on the ticket. Is it likely they have noted on their system that i admitted it?

Whats the likelyhood of arguing this in court after technically admitting it, although not realising i was not doing anythnig illegal?

If i took it to court & lost is a ban a possible outcome? Or is it likely to just be the points?

If i lost, what is the level of fine?

This happened is Scotland

Thanks
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Re: Using Mobile Phone
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From your description you were not technically "using" the phone, which is one of the criteria for a mobile phone offence. You'd need to argue this in court, and be able to cast sufficient doubt on the police officer's testimony, e.g. that they were "mistaken" in thinking the phone was in use. It won't be easy. You could be done for Not in proper control instead, but again they would need to be persuaded to drop the more serious charge.

If you lose, it'll still be only 6 points, but a larger fine than the fixed penalty you'll likely be offered. You won't be banned (unless you're on 6 or more points already).
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