Quote:
To clarify In the evidence section it states The police officer has stated that he saw from 15m the driver with phone in his right hand in horizontal position and was watching something on the screen the screen was illuminated. The vehicle travelled just over one car length and was still looking at phone. He’s then approached driver (but not stated that engine was off at this point) then put that he was holding with two hand on his lap and the it was on charge and could see he was watching some sort of video.
So we defo are not dealing with a mobile phone offence ( 6 points and £200 fixed penalty, 6 points up to £1000 if dealt with at court), we are dealing with a case of careless driving, sentencing guideline below.
https://www.sentencingcouncil.org.uk/of ... ised-2017/If the info you have contributed to this thread is spot on the offence with come under the lower harm, lower culpability, level which means a level A fine and 3/4 points.
In my opinion if this goes to trial and the officer attends, and gives the evidence I've put in the quotes above, it will not be easy to counter that evidence.
In respect of a charge of driving without due care.
You therefore have two options.
If you disagree with the evidence sent to you by the police then plead not guilty and go to court and let the court hear both sides and decide whether the case is proved or not.
This will not be a long case, two live witnesses, your brother and the police officer. Should be over in an hour. If the case is proved then your brother should get 3/4 points (I suspect 3) and a fine based on his income. Which I suspect is quite modest in today's taxi market.
So if he is earning, say, £200 a week the fine will be £100, and the costs will be about £200. Fines and costs can be paid over a period of time if need be.
However if taking into account what the officer has said, and on reflection thinking he was correct in what he noted, then you can plead guilty and be dealt with via the single justice procedure.
If he pleads guilty and the income that he states on the means form is £200, then his fine will be £67 and the costs will be about £85. Again this can be paid over a period of time.
He will get 3/4 points, but as above I suspect 3.