hands free kits

[foster]

I have been fined for using m y mobile in my car, but I was using my hands free kit. The WPC still charged me even though she was aware of this AFTER she stopped me !!!! I now have to go to court, even though I contested the fine. What is the law about mobiles in cars and can i consent again when I go to court.

thankyou

[Loosehead]

Are you saying you have actually paid the fine and accepted the points? If not you can still plead not guilty, then the officer concerned can decide whether to take it further by passing the case on to the CPS. No officer can be judge and Jury, you can always plead not guilty if you beleive you are indeed not guilty. It is ok to use a hands free kit so I would say you have every chance of winning just stick to your side of events. The Officer will probablky drop the case as it means a load of aggracation for them too.

[joko]

how did she know you were using it?

if you were setting it up or pressing buttons etc, while driving, then she is right.

if she just saw your mouth moving or an earpiece in your ear then i don't see how she can say you were using a phone - you could have been singing, or practicing a speech or listening to an ipod....

were you holding the little mouthpiece on the headphones up to your mouth? i have seen people doing that - rather defeats the object, as you may as well hold the phone.

[Buenchico]

Check what you've been charged with. If it's an offence under Section 41D of the Road Traffic Act 1988 (as amended by the Road Safety Act 2006), then it relates specifically to that piece of legislation which bans the use of hand-held phones. (See here for details of the legislation: http://www.thinkroadsafety.gov.uk/advice/mobil ephones.htm )

However, if the charge is under a different piece of legislation (such as Section 3 of the Road Traffic Act 1988, which deals with driving without due care and attention), you are simply charged that you weren't in proper control of your vehicle. Such a charge could be brought for anything which led to your attention being distracted, such as unwrapping a sweet, lighting a cigarette or dialing a number on a hands free phone. See here:
http://www.cps.gov.uk/legal/section9/chapter_b .html#21

Thus, if you're charged under Section 41D you should be able to successfully appeal on the grounds that your phone wasn't hand-held. Otherwise, you'd probably lose an appeal because the police officer would state that you weren't in full control of the vehicle.

Chris

[Dolly1308]

I personally don't see how you can be in control of a car if you are talking an a phone (hands-free or otherwisw).
Your attention is not on the road and what's going on around you it's on your conversation so that makes you a dangerous driver in my book .

[foster]

the officer was in front of me, I touched one button on my hands free, she then let me pass her, then she stopped me. she pulled me over, I said i was using hands free, and she said it was too late she had to book me because she stopped me. The wpc then told me to contest it, which i did or thought I had, because i then recieved a court summons. this has really got my back up. One pc says one thing thrn another pc says something else.....aarrgggh

[Toureman]

I agree entirely with you Dolly, the phone law is stupid, it is not the holding of the phone, it is the total loss of concentration on driving that is the problem.

[Reverandfunk]

If using hands free kit is dangerous, how about looking for a cd in the glove compartment, changing radio stations, talking to your passengers, having a row with your wife, trying to control your kids in the back seat. No difference whatsoever and anyone who says they never do this is a liar!