The Student Room Group

Caught using a mobile phone

Deleted.
(edited 8 years ago)

Scroll to see replies

Reply 1
Original post by Jeremy1994
Basically like 2 weeks ago...I was on my way to University travelling on the M25

There were severe delays because 3 lorries collided, which the motorway was at a standstill for 3+ hours.

Obviously I was going to be late which wasn't my fault and miss my early lectures. so when I finally reached the crash site, I decided to video the accident on my phone as evidence and show my lecturer (which I did).
All the lanes were shut and I was driving at 10-15 mph with my phone in my hand videoing.
As I was moving along a single police officer just standing on one of the closed lanes shouted out "PHONE" which I instantly stop videoing and put it down.

I wasn't stopped or no details were taken by the Police because I was on the motorway and I couldn't stop.. but then a few days later I receive a Intention to Prosecute letter to determine who the driver was blah blah blah
The police officer must of just got my number plate

I know it's a bit unlucky, but where do I stand? I filled out they form the sent me with my driving details...I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.


straight to the citizen's advice bureau
Reply 2
Original post by Jeremy1994
Basically like 2 weeks ago...I was on my way to University travelling on the M25

There were severe delays because 3 lorries collided, which the motorway was at a standstill for 3+ hours.

Obviously I was going to be late which wasn't my fault and miss my early lectures. so when I finally reached the crash site, I decided to video the accident on my phone as evidence and show my lecturer (which I did).
All the lanes were shut and I was driving at 10-15 mph with my phone in my hand videoing.
As I was moving along a single police officer just standing on one of the closed lanes shouted out "PHONE" which I instantly stop videoing and put it down.

I wasn't stopped or no details were taken by the Police because I was on the motorway and I couldn't stop.. but then a few days later I receive a Intention to Prosecute letter to determine who the driver was blah blah blah
The police officer must of just got my number plate

I know it's a bit unlucky, but where do I stand? I filled out they form the sent me with my driving details...I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.


there doesn't have to be calls or messages made for there to be proof.

they will quite happily confiscate your phone, have the logs extracted and it'll show you were making a video at xxx time on xxx date.

Plus your word against the word of a copper in court just wont wash, and before you start lying, think for a second that there was probably multiple police / ambulance present with cameras, the cops probably have cameras recording on their vests, you were on a motorway with cameras, so go down the route of denying it and you'll (quite rightly) be shafted even harder.

just accept the fixed penalty and points of they're offered, if you go to court you'll get an even bigger fine, up to 1k and 3 - 6 points when found guilty, and they have the discretion to place a ban, they'll also probably tack on a careless driving charge in to the mix, and quite rightly for filming at an accident, so bye bye licence if you get some magistrates wanting to make an example
(edited 8 years ago)
Original post by kernow24
there doesn't have to be calls or messages made for there to be proof.

they will quite happily confiscate your phone, have the logs extracted and it'll show you were making a video at xxx time on xxx date.

Plus your word against the word of a copper in court just wont wash, and before you start lying, think for a second that there was probably multiple police / ambulance present with cameras, the cops probably have cameras recording on their vests, you were on a motorway with cameras, so go down the route of denying it and you'll (quite rightly) be shafted even harder.

just accept the fixed penalty and points of they're offered, if you go to court you'll get an even bigger fine, up to 1k and 3 - 6 points when found guilty, and they have the discretion to place a ban, they'll also probably tack on a careless driving charge in to the mix, and quite rightly for filming at an accident, so bye bye licence if you get some magistrates wanting to make an example


Got to agree with kernow here, just take the points and admit fault. Even if you delete the video, it can still usually be traced on smart phones as many have these "recycle boxes" in hidden software.
Reply 4
Original post by Jeremy1994
I know it's a bit unlucky, but where do I stand? I filled out they form the sent me with my driving details...I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.


They've got you bang to rights. You don't have to be calling someone, any use of a phone is distracting and therefore illegal. The officer witnessed you using it and chances are others at the scene will support his case if you're silly enough to take it to court. Plus you've admitted your guilt on an Internet forum…
Why would you need to film proof anyway?
Original post by Jeremy1994
As I was moving along a single police officer just standing on one of the closed lanes
I find it quite surprising that you were surprised to find a police officer at a crash scene!
Original post by Jeremy1994

I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made
He doesn't need physical evidence. His word is evidence.
although Jimmy Carr got off a similar charge claiming they although holding a device, he was using it as a dictaphone to record a gag that came to him.

http://www.dailymail.co.uk/tvshowbiz/article-1220999/Jimmy-Carr-gets-phone-driving-charge-Mr-Loophole-tells-court-He-telling-joke.html


he quite possibly has a good lawyer ( if not tax advisor) and TBH you're bang to rights as you obviously weren't in control of the car if looking at a camera screen
but a camera is a one way device

You could offer to provide access to the CALL LOGS of the phone account ( not the phone) to prove that no such call took place.
(edited 8 years ago)
Reply 8
Your own fault for not being vigilant enough to spot the police
Reply 9
What is the actual charge? There are two (or more) possible charges they could make and depending what one is alleged depends on what you could do.

The 'Jimmy Carr' argument is a very dodgy one. It may or may not work and ultimately would come down to the bench on the day. I don't believe it's ever been tested in higher courts than the Magistrates. The law does not define what "using" consists of and so it's ultimately down to the interpretation of the magistrates.

But at the end of the day it's £100 , and given you admit to it, it's going to be cheaper to just pay up really especially as the fine and costs if you lose will be in the region of £1,000 minimum.
Reply 10
The offence is using a mobile phone, so its not just making a call, but for example texting.

You can challenge it in court but be aware of the new criminal court charge, if you go to trial and are found guilty, which is highly likely from the brief outline you have given you will be looking at a charge of over £500, once you add in the fine, the victims surcharge and court costs you could be owing the court over £1000 so paying the £100 fine is much cheaper
You were touching your phone while driving. You don't need to be making calls to be classed as on your phone. Evidence in court that you were on it: this thread and the police witness. If you wanted evidence for the lecturer, you shouldn't even think about putting lives at risk and touching your phone. You could have easily shown them traffic reports etc. You ****ed up and I blame you, not luck or anything else. I hope you learn.

Also, you don't need to be the usual tard who films accidents rather than helping.

Posted from TSR Mobile
(edited 8 years ago)
You screwed up, take the punishment. No excuse for using a phone whilst driving, no matter what speed you're doing or for what purpose, and the fact that you didn't spot the copper on the side of the road shows that you were distracted by what you were doing.
I get angry when people start filming RTCs where people are badly hurt. They need privacy and dignity not someone filming it for YouTube. The OP should have been paying more attention to the road.
There was absolutely no need to film this accident as 'evidence for you lecturer'. Because 1 it's illegal to use your mobile phone whilst driving no matter what speed, as it's such a distraction and you're putting your own and others lives at risk - I'm almost certain you're aware of this, as by your username I assume you're 20/21. And 2 your lecturer could easily look up reports to see if you were lying or not.

I hope you have learnt from your careless mistake.
Original post by burnsy2023
I get angry when people start filming RTCs where people are badly hurt. They need privacy and dignity not someone filming it for YouTube. The OP should have been paying more attention to the road.


Agree with you totally. What is wrong with society filming such events when people are clearly in distress. If it was a major accident. It would be in the news either nationally or locally so uni can verify it if necessary.
Original post by Jeremy1994
I decided to video the accident on my phone as evidence and show my lecturer (which I did). All the lanes were shut and I was driving at 10-15 mph with my phone in my hand videoing.

I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.

You just admitted that you were on the phone. Stupid ****, and to think you're at uni.
Reply 17
(Original post by Jeremy1994)Basically like 2 weeks ago...I was on my way to University travelling on the M25There were severe delays because 3 lorries collided, which the motorway was at a standstill for 3+ hours.Obviously I was going to be late which wasn't my fault and miss my early lectures. so when I finally reached the crash site, I decided to video the accident on my phone as evidence and show my lecturer (which I did).All the lanes were shut and I was driving at 10-15 mph with my phone in my hand videoing.As I was moving along a single police officer just standing on one of the closed lanes shouted out "PHONE" which I instantly stop videoing and put it down. I wasn't stopped or no details were taken by the Police because I was on the motorway and I couldn't stop.. but then a few days later I receive a Intention to Prosecute letter to determine who the driver was blah blah blahThe police officer must of just got my number plateI know it's a bit unlucky, but where do I stand? I filled out they form the sent me with my driving details...I do feel the police officer hasn't got any evidence to say I was on the phone because NO calls were made or received, but I don't want to go through the hassle of pretending to denying it and going to court etc (Even though I was videoing). Because I could just dig myself a deeper hole.

The not making phone calls bit is 100% irrelevant, you aren't prosecuted for being on the phone, merely using it.

Holding your phone in your hand whilst driving could be considered enough for a prosecution.

The officer doesn't need to present evidence, he has his own eyewitness account for testimony, and as he is a sworn officer it will be believed in almost all cases.
Make sure you mention the speed you were travelling at. Although what you did was wrong you weren't going to kill someone driving at 10-15mph.
Original post by Comeback
Make sure you mention the speed you were travelling at. Although what you did was wrong you weren't going to kill someone driving at 10-15mph.


Cars can still run over heads at 15 miles per hour dumbass

Posted from TSR Mobile

Quick Reply

Latest