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Oh Sh*t - 12 points
15 posts · Started by Cavham · 12 Aug 2007
Post 2 by Dr F,
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Post 3 by Superdan,
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Post 4 by Chris,
#4I would seek some free legal advice if I were u, yes the Police officer is right even holding a phone is illegal, as is turning the knob on your radio, and eating an apple at the wheel, as your not "in proper control" of your vehicle, you would need a statutory defence for the phone i.e. Police exemption etc were you stationary of moving?
IMO your not likely to win as the offence is complete and just get a bigger fine in relation to the phone when or if found guilty.
I think your best option is to seek free legal advice get a solicitor to put your point across about the hands free kit and your extenuating circumstances and cross your fingers, you would be very unlucky getting a lengthy ban of six months.
IMO your not likely to win as the offence is complete and just get a bigger fine in relation to the phone when or if found guilty.
I think your best option is to seek free legal advice get a solicitor to put your point across about the hands free kit and your extenuating circumstances and cross your fingers, you would be very unlucky getting a lengthy ban of six months.
Post 5 by Plipton,
#5sorry to hear that man,the boys above our right i what they are saying,as it happened to a mate of mine a couple of months ago aswell.
He got 13 point's,and said he would loss his job if he got banned,he had a good solicitor who pleaded his case.He got of with a big fine.
Good luck ,
sean.
He got 13 point's,and said he would loss his job if he got banned,he had a good solicitor who pleaded his case.He got of with a big fine.
Good luck ,
sean.
Post 6 by Chris,
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Post 7 by Chris,
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Post 8 by fleegal,
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Post 9 by Dr F,
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Post 10 by Superdan,
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Post 11 by Plipton,
#11Can't you prove that you wern't actually using your mobile at the time of the offence by cross-referencing the time on your ticket to your mobile bill? Then it would be just the same as doing somthing else in the car, like picking up a packet af fags, or changing a CD on the stereo.
Post 12 by Superdan,
#12It wouldn't show incoming calls on the bill.
Post 13 by Welshy,
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Post 14 by Plipton,
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Post 15 by Plipton,
#15Thanks for your replies everyone. I've had a chance to consult a brief and I'm going to take the first three points on the chin. I was using the phone via my car's built-in bluetooth and I only had it in my hand for a couple of seconds when it beeped at me but the copper saw me and I'm bang to rights ... I didn't know it was illegal to just pick the thing up and look at it but ignorance is no excuse.
So far as the NIP for speeding on my bike goes I'm going to wait and see. If I spin it out as long as I can, it may not come to anything within the time limits. If and when I do get a summons, then I will have to balance-up the pros and cons of pleading against a ban at that time.
On the one hand, if I do get a ban for six months then it'll be over the winter when I wouldn't be riding so much and afterwards I will be back down to zero points. On the downside I guess it will affect my insurance big-time and it could be a serious pain in the bum work-wise and family-wise. I could be spending a lot of time and money on hotels, trains and taxis in order to be with clients when they want me. I might even need to hire a driver! If I can't keep my clients happy then the impact on my business and the people who work for me could be significant. On the family-side it will have to be taxis to and from school when my wife is away on business - it is too far and the kids are too young to walk I'm afraid.
On the other hand, if I use all this to succesfully plead that 'exceptional hardship' would result from a ban then it will defo be less grief for six months, but it looks like I would need to spend at least £350 on a solicitor and might get a fine of upto £1K or even £2K. Plus I would still get the 12 points on my license so I'd have to be a saint afterwards coz any further offences will mean an instant ban.
I'm just hoping that the decision will be easier to make when the time comes.
'Till then I'm going to carefully enjoy the rest of the summer on my bikes
I suggest you all do the same
Cheers
So far as the NIP for speeding on my bike goes I'm going to wait and see. If I spin it out as long as I can, it may not come to anything within the time limits. If and when I do get a summons, then I will have to balance-up the pros and cons of pleading against a ban at that time.
On the one hand, if I do get a ban for six months then it'll be over the winter when I wouldn't be riding so much and afterwards I will be back down to zero points. On the downside I guess it will affect my insurance big-time and it could be a serious pain in the bum work-wise and family-wise. I could be spending a lot of time and money on hotels, trains and taxis in order to be with clients when they want me. I might even need to hire a driver! If I can't keep my clients happy then the impact on my business and the people who work for me could be significant. On the family-side it will have to be taxis to and from school when my wife is away on business - it is too far and the kids are too young to walk I'm afraid.
On the other hand, if I use all this to succesfully plead that 'exceptional hardship' would result from a ban then it will defo be less grief for six months, but it looks like I would need to spend at least £350 on a solicitor and might get a fine of upto £1K or even £2K. Plus I would still get the 12 points on my license so I'd have to be a saint afterwards coz any further offences will mean an instant ban.
I'm just hoping that the decision will be easier to make when the time comes.
'Till then I'm going to carefully enjoy the rest of the summer on my bikes
I suggest you all do the same
Cheers
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