Iwas driving on the motorway talking to a friend on a Bluetooth headset in the first lane and was passed by?

Question

motorway police who signalled me to pull over. An officer comes up and I put the front passenger window down. He asks who was on the phone, to which I replied a friend. I told him I was using a Bluetooth but he did not seem interested and said the law has changed in Feb and you cannot use a phone (this surely does not apply do Bluetooth devices???). I again put across that I was not using a phone but a Bluetooth. Because there was a slight itch,I was stroking my neck/chin with my elbow resting on the door/bottom of window. I guess he assumed I was using a mobile although when I wasn’t. So he started filling out this ticket and done the usual checks. I clearly told him I was not using the phone.Furthermore my phone was dark black and how he visibly seen this in the dark as apposed to my silver Bluetooth headset , i don't know??He even wrote down it was dark black phone. It says to surrender my licence at the police station within 7 days but should I do this?

Answer 1

Stop talking on the phone while you're driving.

Answer 2

The law did change in February, and since then if you are caught on the phone you get fined etc, but also if a police officer thinks that you are not giving your driving all your attention and therefore being distracted whether talking on the phone or eating etc they can give you a fine. You have the right to take it to court, but unless you can prove that the officer was wrong and you where giving your full attention on driving i don't really see what you can do.

Answer 3

I don;t get the difference between talking on the phone and talking to the passenger beside you. You will probably have to go to the policy station but try reasoning with them before you hand over your licence. You could find out what the law actually says from a solicitor. And why are you repeating yourself with the question?

Answer 4

Hello Benj.
anything that takes your concentration away from moving your vehicle on a public road, is instrumental in attracting you attention away from driving, a skill which surely must demand every iota of your attention, my advice to you sir is simply apply this simple rule to assist you so that you cannot possibly infringe the law, before you turn your engine ON~~~turn your telephone OFF, AND PLACE IT OUT OF REACH. you will not be too far away from those that would demand your attention while you are driving.
A policeman is duty-bound to not believe a single word you tell him as a response to his question, and will book you as fast as look at you, just to give you something to believe in, a ticket! You are going to be in trouble and it will cost you both money and points on your licence, should the charge need to go that far, and it probably will.
I am a retired Truck Driver of 40 years in the saddle, and when my employer put a phone in my Scania, I told him I will NOT respond to its ringing until I am stopped and safely away from other moving traffic, it was the best thing to do with a vehicle he had paid £ 90,000 for, he had to agree of course, and I have had a clean licence for everyday of those 40 years.
Just one more point Benj, the more people will insist on using anything that interupts their concentration, even for a split-second, the more needless accidents this world is going to have to endure, and think of how your family would manage to enjoy their lives without you, the answer is to leave the phone switched off until you are parked up and in a better mind to use it sensibly and then you can apply total concentration to what you have to talk about, and give all us other road users less to worry about, This Sir, with my best regards for a safer road for you as well as me... I hope this helps you......Bye .....Tony M

Answer 5

Yup mate; Get yourself an attorney's advice. But it's never a good thing if you ignore the summons to go to the police station. If you do ignore it they will say in court that if you ignore the simple request to go to the police station then how do they know you did not ignore the law about talking on the mobile.....

Answer 6

You are in a no - win situation. The court will almost certainly take the word of the police officer. Have you an independent witness? I doubt it. Yes you must take your license to the police station, not to will certainly leave you facing further prosecution. ADVICE :- Pay the fine and don't argue the case,Unless you are rich.

Answer 7

You are allowed to use hands free.

HOWEVER, you can still be charged with dangerous driving. You can be charged with dangerous driving for doing many things like tuning a radio, arm out of the window etc, eating an apple (all have happened before). I guess it depends on how exactly the events happnend, and you need to be honest with yourself. If you are innocent then I would try and argue that you were not driving dangerously and argue the caes.

Answer 8

sure, then plead your lack of comprehend-how of the hot regulation and want for the perfect. be polite and do not lie. in case you've already lied admit it. and do not attempt to make a semantic arguement over using bluetooth, that is nonetheless a comm. gadget. I disagree with the regulation. yet only because it does not comprise cb radios also comm. contraptions.

Answer 9

Get an attorney. Plead not guilty, and prove to the court that you were on the Bluetooth

Answer 10

If he has given you a ticket, you can dispute it in court. Wait for the summons, but I would go to the police station to avoid trouble.

Answer 11

take your phone & your head set to the police station &state that u where talking on ur bluetooth headset, he cannot falsly accuse u without evidence, and u bringing the set &cell should be ur evidence