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#Post#: 98860--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: Southpaw82
Date: November 19, 2025, 11:44 am
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--- Quote from: BadDriveroo link ---
>
> [quote author=Southpaw82 link=topic=8834.msg98834#msg98834
date=1763571471]
> He seems resistant to actual help.
>
--- End Quote ---
I'm not sure why you'd feel like that, my understanding is that
any interaction with a mobile phone not in a fixed cradle is an
offence.
If that's not correct you are welcome to tell me different.
[/quote]
Well, the offence is (crudely) using a mobile phone while
driving. You said you weren’t using it. Yet you think you’re
guilty. Hence my confusion. But I’m not the one facing a totting
up ban so I’m disinclined to pull teeth to help you.
#Post#: 98862--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: BadDriveroo
Date: November 19, 2025, 11:56 am
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--- Quote from: Southpaw82 link ---
>
> Well, the offence is (crudely) using a mobile phone while
driving. You said you weren’t using it. Yet you think you’re
guilty. Hence my confusion. But I’m not the one facing a totting
up ban so I’m disinclined to pull teeth to help you.
>
--- End Quote ---
Well,
In response to someone saying the details may be relevant - I
have posted the details.
In response to someone asking about an exceptional hardship case
- I have posted my situation.
I'm not sure what else would be relevant - but I don't know what
I don't know, which is why I found myself here.
#Post#: 98886--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: Dave Green
Date: November 19, 2025, 2:52 pm
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--- Quote from: BadDriveroo link ---
>
> Then stopped same day for having my phone in my hand by a
passing patrol car, not using it but that's irrelevant.
--- End Quote ---
You need to say exactly why the phone was in your hand at the
time you were seen.
Edited because I missed your explanation before I posted.
#Post#: 98889--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: BadDriveroo
Date: November 19, 2025, 3:03 pm
---------------------------------------------------------
--- Quote from: Dave Green link ---
>
> [quote author=BadDriveroo link=topic=8834.msg98788#msg98788
date=1763559243]
> Then stopped same day for having my phone in my hand by a
passing patrol car, not using it but that's irrelevant.
--- End Quote ---
You need to say exactly why the phone was in your hand at the
time you were seen.
If you were simply picking it up to move it to a different place
then you weren't using it but if you were doing something else
such as checking the time on your phone or looking to see if you
had any messages or e-mails then even though you may not have
been making or receiving a call. as far as the law is concerned,
you were using the phone.
[/quote]
Posted exactly what occurred above.
My default is your default and I can't imagine for a minute a
magistrate would believe otherwise - I don't see how I could
prove it.
The solicitor I contacted today seems to think the case is
defendable on whether the police can, but since there were two
of them... the barrister says take the phone points and go to
court on the speeding, if they require it.
#Post#: 98901--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: NewJudge
Date: November 19, 2025, 5:03 pm
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--- Quote ---
> ... the barrister says take the phone points and go to court
on the speeding, if they require it.
--- End Quote ---
With the basis of your defence to the speeding charge being....?
#Post#: 98902--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: Southpaw82
Date: November 19, 2025, 5:18 pm
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I assumed an EH plea.
#Post#: 98924--------------------------------------------------
Re: Expecting a ban on Totting Up - How to find a good
solicitor?
DIR By: BertB
Date: November 20, 2025, 4:02 am
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With the assumption being that all the OP was doing was plugging
in the charger, I'm surprised the advise is to accept that FP
and take the speeding to court to argue EH.
I would have thought a decent traffic lawyer would look at
trying to argue the mobile offence down to 'driving a vehicle
while not in proper control'. Would see 3 points instead of 6
and possibly negate the need for an EH argument altogether if
successful.
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