Author Topic: Expecting a ban on Totting Up - How to find a good solicitor?  (Read 2781 times)

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Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #15 on: »
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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #16 on: »
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?

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #17 on: »
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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #18 on: »
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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #19 on: »
You could try Andrew Thompson 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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #20 on: »
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.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #21 on: »
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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #22 on: »
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.
« Last Edit: November 20, 2025, 08:24:20 am by Dave Green »

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #23 on: »
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.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #24 on: »
Quote
... 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....?

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #25 on: »
I assumed an EH plea.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Expecting a ban on Totting Up - How to find a good solicitor?
« Reply #26 on: »
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.