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       #Post#: 92558--------------------------------------------------
       Re: Need advice please - NIP received
       By: The Slithy Tove Date: October 2, 2025, 9:01 am
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       [quote author=Jake Speed link=topic=8250.msg92439#msg92439
       date=1759352570]
       [list]
       [li]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[/li]
       [li]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[/li]
       [/list]
       [/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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