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   DIR Return to: Speeding and other criminal offences
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       #Post#: 92558--------------------------------------------------
       Re: Need advice please - NIP received
   DIR By: The Slithy Tove
       Date: October 2, 2025, 9:01 am
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       --- Quote from: Jake Speed link ---
       >
       >
       >
       - As the registered keeper I got a NIP through the post for the
       offence of "Driver not in position to have proper control"
       contrary to Section 41D of the RTA 1988
       >
       - There was a link to 3 photos (i assume taken by a police
       camera), 2 of these appear to show the driver handling a mobile
       phone
       >
       >
       --- End Quote ---
       Presumably they have chosen a Not in Proper Control charge
       rather than a Using a Mobile Phone one because they don't have
       sufficient evidence that the phone was being "used" (for the
       purposes of the legislation), only that it was in the driver's
       hand. It would then come down to an argument before the court
       (if the driver wanted to contest) as to whether just evidence of
       handling the phone was enough to convict, or whether there needs
       to be some other aspect of not being in control, e.g. swerving
       across lanes. The police will likely have more evidence than
       just that included with the NIP.
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