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DIR Return to: Speeding and other criminal offences
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#Post#: 115770--------------------------------------------------
Mobile Phone in HAND
DIR By: bumpyroad123
Date: April 13, 2026, 4:51 pm
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Looking for views on whether this is worth contesting.
I was stopped as part of a planned police operation in my town
(plain clothes spotter + officers further down the road). I’ve
been reported for the offence of using a hand-held mobile phone.
When stopped, I was cautioned and told that a colleague further
up had seen me with the phone “in my right hand” — there was no
mention of observing any actual use, only that it was in my
hand.
I was asked “why that was” and I said words to the effect of:
“he’d just thrown it at me, he’s got severe special needs”
(referring to my son who was sat next to me and has significant
additional needs).
My position is:
I accept the phone was in my hand, but I was not using it in any
way (no interaction, no screen use). The reason it was in my
hand was to manage my child’s behaviour — I took it off him and
put it out of reach. By the time I reached the point where
officers were pulling people in, the phone was no longer in my
hand.
I appreciate the general view is that holding a phone leads to
an inference of use, as most people have no reason to be holding
one while driving. My position is that this is an unusual set of
circumstances where there is a clear alternative explanation.
There was no suggestion at the roadside of any actual use of the
phone — only that it was in my hand. Given the positioning of
the spotter, the short observation time, the type of vehicle
(minibus), and the fact my son was sat directly next to me on
his own device, I do question how clearly any alleged use could
have been observed.
I also have medical evidence supporting my child’s needs and
behaviour, which reflects the context in which this occurred. I
had also messaged a client just before setting off to say I was
driving and would respond later, which I feel is consistent with
my position that I wasn’t using my phone. For clarity, it was in
my right hand as that was the side away from my son.
I have no existing points. The fixed penalty is 6 points and
£200, so for me it’s more about the principle.
Grateful for views from those with experience:
Is holding a phone itself an offence, or does it have to be
holding and using?
Is this realistically arguable in court?
Do these ever go in the driver’s favour?
Is it worth contesting, or more sensible to accept the fixed
penalty?
Basically — is there any point trying to contest it? I’m leaning
towards just taking the points, but it feels like admitting to
something I didn’t do.
Thanks in advance.
#Post#: 115791--------------------------------------------------
Re: Mobile Phone in HAND
DIR By: NewJudge
Date: April 14, 2026, 3:05 am
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I would say you have a decent chance of acquial – if the court
believes you. I don’t think anyone on here can answer that.
You should be aware that if you are convicted in court, you face
a fine of a week’s net income, a surcharge of 40% of that fine
and prosecution costs of around £650.
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