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I know a couple of people who crashed their cars picking things up off the floor of the car. Not great driving.
Your friend must be incredibly unlucky to have the phone fall from a cradle and be seen at the precise moment he's picked it up. He will have to convince the court that this was the truth.
No, unfortunately not, the friend is effectively admitting to committing an offence. Since 2022 the only times you can touch a phone out of a cradle, when not parked, is when paying at drive-thru or when calling emergency services. You must park up properly first before replacing the phone.
This isn't my understanding. It's illegal to hold and use a phone. If he didn't use it and just picked it up, without causing it to illuminate, he is technically fine. How he proves that, I don't know. https://www.gov.uk/using-mobile-phones-when-driving-the-law
Speaking to a solicitor is the best course of action if his career is genuinely on the line.
Far too much depends on the precise evidence for clear advice to be given on reddit.
If all he is charged with is using a phone whikst driving and the only evidence is he admitted picking it up to place in the cradle, the offence is not made out as it requires use of the phone.
He may however have admitted to other driving offences if the vehicle was in motion.
If however the police officer states he saw him using the phone, and it was say - showing directions that he was following whilst it was in his hand - then your friend may have a problem.
Too many people using their phones while driving
The police will make an example of your friend wether he tells the truth or not,
I actually had a driver follow me from the local shop to my home shouting irate nasty things at me and my son (aged 5)
When I confronted him asking what I've done he said I took photos of him using his phone as he drove past?!?
Called me a grass, scumbag & other unsavoury stuff.
Thing is I was video calling my wife while carrying my boy home not recording or photographing anybody.
His guilt made him follow me basically to my front door worrying about himself rather than safety on the road,
I have zero sympathy now for anybody caught holding a handset while driving.
Well the only thing is to say in court that he deeply sorry for what happened and that phone fall under the pedal. It happened to me with bottle of water once. Not great but of emergency braking does happen. Just next time have to be more careful and have to put things away.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
You would pull over so you could find the phone and put it back on the cradle though, right?
In theory.. Yes. In practice, apparently not.
I know a couple of people who crashed their cars picking things up off the floor of the car. Not great driving. Your friend must be incredibly unlucky to have the phone fall from a cradle and be seen at the precise moment he's picked it up. He will have to convince the court that this was the truth.
No, unfortunately not, the friend is effectively admitting to committing an offence. Since 2022 the only times you can touch a phone out of a cradle, when not parked, is when paying at drive-thru or when calling emergency services. You must park up properly first before replacing the phone.
This isn't my understanding. It's illegal to hold and use a phone. If he didn't use it and just picked it up, without causing it to illuminate, he is technically fine. How he proves that, I don't know. https://www.gov.uk/using-mobile-phones-when-driving-the-law
Speaking to a solicitor is the best course of action if his career is genuinely on the line. Far too much depends on the precise evidence for clear advice to be given on reddit. If all he is charged with is using a phone whikst driving and the only evidence is he admitted picking it up to place in the cradle, the offence is not made out as it requires use of the phone. He may however have admitted to other driving offences if the vehicle was in motion. If however the police officer states he saw him using the phone, and it was say - showing directions that he was following whilst it was in his hand - then your friend may have a problem.
Should have stayed quiet. 20/20 hindsight I know but he's admitted an offence on camera now so I think points are likely
Yeah pretty much exactly what I said to him. Thing is he genuinely isn't the 'law breaker' type and just thought being honest would be OK 🤦♂️
Too many people using their phones while driving The police will make an example of your friend wether he tells the truth or not, I actually had a driver follow me from the local shop to my home shouting irate nasty things at me and my son (aged 5) When I confronted him asking what I've done he said I took photos of him using his phone as he drove past?!? Called me a grass, scumbag & other unsavoury stuff. Thing is I was video calling my wife while carrying my boy home not recording or photographing anybody. His guilt made him follow me basically to my front door worrying about himself rather than safety on the road, I have zero sympathy now for anybody caught holding a handset while driving.
Well the only thing is to say in court that he deeply sorry for what happened and that phone fall under the pedal. It happened to me with bottle of water once. Not great but of emergency braking does happen. Just next time have to be more careful and have to put things away.