Norfolk motorist convicted after using two mobile phones while driving

Driver kept police waiting as he finished call after being stopped, magistrates hear

by Simon_MacMichael   August 16, 2011  

Gavel

A Norfolk motorist has been banned from driving for a year after police caught him using not one, but two mobile phones while driving his car.

According to BBC News, 34-year-old David Secker was observed talking on one phone while apparently texting on another.

Norwich resident Secker, who is unemployed, was also convicted of driving without insurance, fined £150 and had 14 penalty points added to his licence.

Norwich Magistrates’ Court heard that he appeared to have both hands off the steering wheel prior to being stopped by police on the A47 at Blofield near Norwich on 17 May.

Secker’s solicitor, Simon Nicholls, denied that his client was driving with his knees, as had been reported in the press.

He added that Secker was holding the steering wheel, albeit with a hand that clutched a mobile phone as he read out a telephone number to the person with whom he was in conversation.

Magistates were told that the driver made police officers wait while he finished his conversation after he had been stopped.

Prosecutor Denis King told the court: "He was seen holding a mobile phone to his right ear and as he moved closer the officer saw he was holding another phone in his other hand as though he was texting."

He was found guilty in his absence of using a mobile phone while driving, having no insurance and not being in a position to have proper control.
After sentencing, Secker commented: "I think the magistrates treated me fairly."

His solicitor added: "We hear about people driving while eating apples and doing all kind of stupid things.

"He accepts he made a mistake and will learn from it."

Far be it from us to argue a point of law with Mr Nicholls, but while driving while using a hand held mobile phone has been a specific offence since December 2003, the issue of eating an apple while driving has not as yet attracted the scrutiny of the country’s law-makers, although motorists doing so while driving can of course be prosecuted under general legislation relating to traffic offences.
 

6 user comments

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Driving whilst using a mobile. Times 2.
Uninsured.

And he gets a £150 pound fine.

Tell me how that chimes with Cameron's 'responsibility and consequences' strategy?

What a joke. He should have been hammered for that.

posted by smernicki [29 posts]
16th August 2011 - 11:12

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Apparently, the fact that the guy is now unemployed was taken into account when they set the fine.

Simon Mason, Kingston upon Hull

posted by swldxer [34 posts]
16th August 2011 - 11:23

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Why do people in these stories always look so old for their age? In the picture in the BBC article he looks like he's closer to 50 than 34!

Not sure what to think of his unemployment being taken into account- like when the impact a ban would have on people's job prospects is taken into account in other cases, I can't help thinking the responsibility to other road users should come above the offender's personal circumstances.

posted by Chuck [313 posts]
16th August 2011 - 12:22

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He looks closer to 50 stone more like, not the brightest by the sound of him.

posted by dreamlx10 [98 posts]
16th August 2011 - 14:38

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I bet that, had he been asked before this court case, he would have described himself as one of those safe, responsible drivers who don't need enforcement measures.

posted by handlebarcam [527 posts]
16th August 2011 - 15:31

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I agree. 34? Are you serious? more like 44.

Let's not demonise him. I frequently see motorists using their mobile phone whilst cycling along. He's not the only one. He just happened to get caught. (Cue the criticism...)

posted by londonplayer [671 posts]
16th August 2011 - 16:59

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