Caught Driving with Mobile..now I'm off to court????

[wilks07]

I called into Police Station presented photo card, insurance and MOT after 2 days...but police required to see paper driving licence which I didn't have with me. Called in following day presented the Docs but was told the matter was going to court. As all this was within the 7 days I was given to present the Docs...why should I be penalised?? Anyone else had similar experience.....

[jno]

If it's against the law, that would be a reason to penalise you, wouldn't you think?

[kempie]

You were issued the HORT/1 document producer in addition to being reported for the (I presume) Dangerous Driving offence.

Even if you had produced all of the required documentation within 10 minutes of receiving the HORT/1 this would not have nullified the original offence.

[wilks07]

I'm not questioning the fact that it's illegal to drive whilst using a mobile - you get a fine and 3 points fair enough. Taken to court for not producing the documents is scandelous. you get 7 days to produce the documents, I did this within a day and then the next day with my paper driving licence - but I'm being taken to court for not producing my documents....but thanks for your responses - helpful. ;-)

[kevin131061]

the reason you are asked to provide license and insurance details would be to prevent further charges thus leading to a longer ban or bigger fine. There are new rules now concerning driving offences, including jail sentences for DD offences. Driving using a mobile has been illegal for a long time now, so folks deserve all they get.

[jno]

sorry, I misunderstood. As far as I know you always get a week to produce documents, as you say (last happened to me a couple of years ago, and that's the period I was given). Perhaps this has changed - anyone know?

[Panic Button]

Perhaps pitch up in court, dressed well, and explain the timescale when you presented your documents?

[kempie]

I also incorrectly took "the matter was going to court" as a reference to the driving offence not the producer offence, however my previous answer is still true of the producer offence.

The 7 days to produce is a statutory defence to the charge of failing to produce at the time of the stop. This often has the effect of stalling the commencement of court proceedings but there is nothing in law which says that proceedings can only commence after the 7 days have elapsed.

To paraphrase Section 164 Road Traffic Act 1988 (as amended):

A person driving a motor vehicle on a road must, upon request by a constable, produce his licence and its counterpart for examination. (This is at the time of the stop).

A person who fails to do so is guilty of an offence.

This next text is lifted straight from the Act:

(8) In proceedings against any person for the offence of failing to produce a licence and its counterpart it shall be a defence for him to show that�

(a) within seven days after the production of his licence and its counterpart was required he produced them in person at a police station that was specified by him at the time their production was required, or

(b) he produced them in person there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for him to produce them there before the day on which the proceedings were commenced

http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=road+traffic+act+198 8&ActiveTextDocId=2276811

[wee willie]

sounds a bit daft to me, but if you have to go to court and all your documents are in order they'll just give you the mandatory �60 fine and 3 points

flippin pain
you must have been an easy target for them

[bazmoore]

wee willie

the toddler crossing the road with his mum will also be an easy target for wilks07 blabbin on his mobile phone!!!!

[Gromit]

And emember to switch off the phone while you are in the dock.