3 points and fine for using a mobile phone

[14years]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

[Amber]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

See British Citizenship – Good Character Requirement FAQs Q5

[Ayyubi72]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

If you committed the offence then accept 3 points and £60. If you get convicted in court, you will get a much heavier fine.
In theory upto £1000, and you will have to wait at least 3 years before you apply for BC.

[14years]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

If you committed the offence then accept 3 points and £60. If you get convicted in court, you will get a much heavier fine.
In theory upto £1000, and you will have to wait at least 3 years before you apply for BC.

that's the problem i am facing. I was not using the phone for any purposes what so ever. My phone gets connected to my car as soon as i turn the engine on and i have a holder for the phone. I don't even know why i was holding the phone. I even offered the officers to look at my call log but they refused. when i explained everything to them even they agreed that i was not using it but they have to send my details to their ticketing office because phone was in my hand. i am very tempting to go to court as i don't believe i have committed any crime as of yet. they have to see me using and holding the phone. i have spoken to couple of solicitors and they said that if you go to court with record of your calls for that time then you do have a good case.

[Amber]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

See British Citizenship – Good Character Requirement FAQs Q5

Read the link and then decide what to do.

[kasturi75]

14years,
My wife faced a similar situation. She accepted FP & £60 fine just about 9 months before our BC application. She had no other traffic offences. No issue was met during NCS checking or BC application processing. Nothing declared on BC application. BC application has been processed & certificate issueed less than 4 weeks time.

Hope this helps.

Thanks.

[innocentdevil]

i would accept 3 points and 60. its nowt.

[14years]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

See British Citizenship – Good Character Requirement FAQs Q5

Read the link and then decide what to do.

Thank you very much for that. I did read the faq but if I amnot wrong then I think "using a mobile phone" is different than getting a FPN for speeding. If some one have more information I would appreciate it greatly. Thanks

[Ayyubi72]

Yes an "FPN for using mobile" is not as same as "FPN for speeding" because "FPN for speeding" is given if you are breaking speed limit. If an FPN is given for using a mobile then it is "FPN for using mobile".

[Amber]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

See British Citizenship – Good Character Requirement FAQs Q5

Read the link and then decide what to do.

Thank you very much for that. I did read the faq but if I amnot wrong then I think "using a mobile phone" is different than getting a FPN for speeding. If some one have more information I would appreciate it greatly. Thanks

It's still an FPN

[englishlife]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

I would suggest you wait for Naturalisation if you decide to go to court or briefly explain to HO that this case will be deal in court and as a result it will delayed your application. And if you accept fine and points that also has to declare on the form as using mobile phone while driving is not a simple matter. Read AN guidelines briefly.

[Amber]

i was seen by police holding a mobile phone in my hand and there is a possibility i may get 3 points and fine of 60 pounds. Can any one please tell me if i accept 3 points and fine rather than going to court and contesting the charges how would it affect my application for citizenship?

what is worst...accepting the points now or getting convicted by the court with a possibility of a heavier fine?

Many thanks

I would suggest you wait for Naturalisation if you decide to go to court or briefly explain to HO that this case will be deal in court and as a result it will delayed your application. And if you accept fine and points that also has to declare on the form as using mobile phone while driving is not a simple matter. Read AN guidelines briefly.

Where does it say that getting a FPN for driving using a mobile - CU80, is anymore serious than any other FPN?

[Ayyubi72]

that's the problem i am facing. I was not using the phone for any purposes what so ever. My phone gets connected to my car as soon as i turn the engine on and i have a holder for the phone. I don't even know why i was holding the phone. I even offered the officers to look at my call log but they refused. when i explained everything to them even they agreed that i was not using it but they have to send my details to their ticketing office because phone was in my hand. i am very tempting to go to court as i don't believe i have committed any crime as of yet. they have to see me using and holding the phone. i have spoken to couple of solicitors and they said that if you go to court with record of your calls for that time then you do have a good case.

May I say, that I have been a professional truck driver, and I have had more than my fare share of contact with traffic police, vosa, HSE etc etc. I would say do not be tempted to challenge the FPN in court, you will just end up with a conviction and wait for years before you can apply for naturalisation.

Let me tell you what the law is about using mobile phones while driving. You do not need to actually use the mobile phone to commit this offence. The offence happens just by holding the mobile phone.

Even if the mobile phone is on passenger seat, and put your hand over it, you have committed the offence. The mobile phone does not need to be switched on. If a mobile phone has no battery, no sim, has a broken screen and has no antenna, has no back cover, and you merely hold it in your hand for 1/10th of a second, you have committed the offence.

You do not have a leg to stand in court and argue anything. "By explaining everything" to the police, you have actually admitted to the offence beyond any doubt. A conviction will happen 100% if you go to court.

Do not be tempted by solicitors. All they are interested in is getting your money and sell you their advice.

I have real life experience of all these technicalities about how traffic laws and court procedures including witness statements actually work.

My humble advice again, just accept the FPN otherwise you will regret your decision to go to court. By going to court you will make sure that you are not able to naturalise for a long time to come.

[14years]

My reply maybe off topic and a bit late but I thought I should update this forum after Ayubi's conviction in saying that I have definitely committed an offence. He was 100% sure the offence has been committed when I held a mobile phone in my hand, doesn't matter if the screen was broken or antenna wasn't working or battery was not in the phone or if i follow his sarcastic way of saying things then, I would have committed a crime even if i only had an empty phone cover in my hand.

I wrote a lengthy letter after I received the FPN and spoke to the lady who was dealing with my FPN over the phone couple of times and managed to convince them that holding in itself isn't using a device. Under the law there are certain functions which describe what a mobile device is and if those functions aren't being performed then there isn't much difference between a mobile and any other solid object.

I was glad that they cancelled my ticket, and not just that, the lady informed me that she will speak to her superiors and make sure all the officers in our area are aware how to interpret the law after my explanation. But please be aware different police forces interpret the law differently and there isn't a case law as of yet which can be relied upon.

[MattSule]

If your ticket has been cancelled then they should revoke the 3point on your licence.

Also, the fact that they've cancelled your ticket is an admission that it was wrongly issued in the first place.

...then why do you still need to go to court?

Most importantly this is not a conviction yet and you don't need to declare it if it's the only issue you've had in the last 12months

[14years]

If your ticket has been cancelled then they should revoke the 3point on your licence.

Also, the fact that they've cancelled your ticket is an admission that it was wrongly issued in the first place.

...then why do you still need to go to court?

I think you misunderstood, When they send an FPN you have to accept it, I didn't. Instead I communicated with the local ticketing office and managed to convince them to cancel it. Which they did.

I do not have any points on my licence and I didn't go to court as the ticket was cancelled by the issuing authority.

[MattSule]

Your initial question was misleading then.

Most importantly, if your last comment is right then you have no case to answer and nothing to worry about. Make sure you get a letter stating that your ticket has been cancelled - you may need it as evidence!

[14years]

Your initial question was misleading then.

Most importantly, if your last comment is right then you have no case to answer and nothing to worry about. Make sure you get a letter stating that your ticket has been cancelled - you may need it as evidence!

My initial question was posted in June this year and the last post was added today. It wasn't misleading.

Just to clear things up I didn't mention it in my application and my application has already been approved.

[MattSule]

Oh ok.

Congratulations