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Caught holding but not using a mobile phone while driving: should I plead not guilty?
I was recently stopped by the police for using my mobile phone. They actually caught me putting my phone into my car kit which I have had for a number of years now. I refused to accept the standard fine at the time so will be appearing at court soon. The reason for not taking the fine was because I believed that I did not use the phone. I have spoken to a trainee solicitor who suggested that I attend court and plead guilty as the courts will not see it from my point of view. What would you suggest?
It is technically an offence to hold the phone while driving, the reason for this being to assist the police in enforcement. You are permitted to press a button if the phone is in a cradle but that is the extent of it.
Your friend is correct that the court are likely to find you guilty with an increased fine and add costs. You are probably better to change your plea to guilty unless the points put your licence at risk. If you do this early enough you should not need to attend and they may accept that the penalty should be equivalent to that of the fixed penalty.
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