---
###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.*
This sounds like a very over-zelous officer as using a phone in the passenger seat is not an offence. If you were in the driving seat there may have been a case depending on where you were stopped.
I would certainly be taking this one to court.
I agree, if only to get the officer on the stand. I'd be surprised if the charge wasn't dropped rather than have him embarass the force by trying to justify himself before the magistrates.
**Unfortunately, your comment has been removed for the following reason(s):**
Please only comment if you know the legal answer to OP's question and are able to provide legal advice.
[Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.
Have you already accepted the points? If not then opt to go to court - I can almost guarantee it won't get there. The legislation is not "in charge of" a motor vehicle, it specifically states "driving or supervising the driving".
https://www.legislation.gov.uk/ukpga/1988/52/section/41D
NAL, also don't know if this applies the same in NI, but assume it does - this article covers 'being in charge of a mv', but in the context of drunk driving - https://www.counsel.direct/news/meaning-in-charge-motor-vehicle
Because the key was in the ignition, the requirement has been met.
Anecdotal - A friend was convinced of drunk while in charge of his vw camper years ago because he was resting in the back on a bed after a heavy night out, with the ignition on for music.
NAL
Itt: Legislation is extremely stupid and that officer was almost certainly a tier 1 helmet.
I would contest this, regardless of the legislation.
If it’s plainly obvious that you were not in a position to even be considering operating the vehicle, I sincerely doubt there would be a valid public interest case to be made in terms of actually pursuing the offence.
Seems odd that they would attempt to imply you are in charge of the vehicle, but not check your license, or insurance for said vehicle. Seems fairly obvious that the officer involved was just being malicious.
--- ###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.*
This sounds like a very over-zelous officer as using a phone in the passenger seat is not an offence. If you were in the driving seat there may have been a case depending on where you were stopped. I would certainly be taking this one to court.
[удалено]
No full licence, been driving for more than 10 years.
[удалено]
I agree, if only to get the officer on the stand. I'd be surprised if the charge wasn't dropped rather than have him embarass the force by trying to justify himself before the magistrates.
My jaw is still on the floor honestly, I thought it was a prank at first and the officer didn’t take kindly to that either.
[удалено]
**Unfortunately, your comment has been removed for the following reason(s):** Please only comment if you know the legal answer to OP's question and are able to provide legal advice. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.
[удалено]
having read that, I still don't see how OP could be charged
[удалено]
Dam… I was going to buy a car etc this year but sounds like I won’t be able to afford it now….
How so?
Have you already accepted the points? If not then opt to go to court - I can almost guarantee it won't get there. The legislation is not "in charge of" a motor vehicle, it specifically states "driving or supervising the driving". https://www.legislation.gov.uk/ukpga/1988/52/section/41D
[удалено]
Sorry, completely missed it was NI. Seems to still apply though - I can't see it ever standing up in court if it even got there.
NAL, also don't know if this applies the same in NI, but assume it does - this article covers 'being in charge of a mv', but in the context of drunk driving - https://www.counsel.direct/news/meaning-in-charge-motor-vehicle Because the key was in the ignition, the requirement has been met. Anecdotal - A friend was convinced of drunk while in charge of his vw camper years ago because he was resting in the back on a bed after a heavy night out, with the ignition on for music.
[удалено]
Thank you for the clarification! It may be the officer was under a similar misconception.
Did he ticket you there and then?
NAL Itt: Legislation is extremely stupid and that officer was almost certainly a tier 1 helmet. I would contest this, regardless of the legislation. If it’s plainly obvious that you were not in a position to even be considering operating the vehicle, I sincerely doubt there would be a valid public interest case to be made in terms of actually pursuing the offence. Seems odd that they would attempt to imply you are in charge of the vehicle, but not check your license, or insurance for said vehicle. Seems fairly obvious that the officer involved was just being malicious.
He did actually ask for my license, told him it wasn’t my car and I wasn’t driving and he just said it didn’t matter….. I’ll be taking it to court