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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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I was recently given a fixed penalty endorsement for driving

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I was recently given a fixed penalty endorsement for driving whilst using my mobile phone. I went to the police station today to produce my licence and the policeman i spoke with said that the officer had a choice whether to given me and endorsement or just a fixed penalty fine. The car was stationary whilst i was on the phone, at best i was inching forward in traffic. The policeman i spoke with today said that if i had been driving round a corner one handed and using my phone i should definately have been given an endorsement, but as i was not there may be grounds to appeal

I already have 8 points on my licence, so am keen to avoid any additional points on my licence.

Is there a way i can appeal or contest this endorsement?

Thanks
Submitted: 7 years ago.
Category: UK Law
Expert:  Jo C. replied 7 years ago.

Hi

 

Was the engine running?

Customer: replied 7 years ago.
yes
Expert:  Jo C. replied 7 years ago.

In that case, that does constitute driving within the meaning of the caselaw. If you accept use of the phone whilst the engine was running then I'm afraid that does involve committing the offences.

 

You can put the Crown to prove on these things though. Proving identity is very hard for them. But it depends how much you want to avoid this as you would need solicitors.

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