HELP - Wrongly accused of using a mobile phone whilst driving!

[MrSquare]

Hi there,

I have been driving for just over a year now having passed March 2008, and I am still well within the 2 year - 6 points system.

In April of last year I recieved an SP30 speeding offence from a mobile speed camera that caught me doing 34mph in a 30 zone (not easy when your 'allowed' 10% up on the speedo, making an allowable 33mph! :mad:) and I agreed to take the fine and 3 points.

In July of last year myself and a companion were driving through my local town on a 20 second drive from one shop to the petrol station. During this drive, I admit I was holding my mobile phone in my hand but in no way was I using it and I also had both hands on the wheel. All of a sudden the blues are on and I've been pulled over, I explained to the officer that I simply was not using the phone and he agreed to check my call / text logs (suprisingly? I have heard stories of others refusing to do this). As there was no activity on the phone, there was nothing for him to find as my previous communications had been well over 30 mins ago. Therefore the officer agreed that I had not been using the phone however he did not verbally 'agree', more of a sign of recognition such as 'okay'.

For whatever reason this did not clear me in the officers eyes, and he proceeded to write me a ticket and advised me that due to the totting up procedure of 6 points in 2 years, I would have to go to court.

So, after 5 months I recieved my court summons and my hearing date, although the police officer then could not make that date and it has now been changed to next Wednesday 15 April 2009.

Brief overview of the incident:


I was not using the phone, simply holding it.
The officer checked all communication logs, and did not find any evidence to say I was using the phone.
In the officers statement, it states the window was slightly 'ajar' however as I have tinted windows I find it hard to believe he saw me pressing buttons as he claims.
I have a witness that will be attending court with me to back up my statement that I was not using the phone.
I am a University student with a totally clean criminal record.
I heavily rely on my car so for work purposes and my rural residency.
Can anyone tell me what to expect and if they feel there are any main points that are worth expressing the the courts?

Also; can anybody explain the process of a Magistrates Court? Do I enter a large courtroom with judge complete with hammer etc?

Many thanks and I look forward to your replies!

Square.

[Money_Grabber13579]

Well he could either do you for the mobile phone, or the tinted windows. And you don't have to be ringing or texting anyone to be using the phone. If you were holding the phone, I'm afraid it doesn't sound very credible that you weren't either using it or planning to use it.

[Browntoa]

moving to the motoring section as it is more likely to get a response there

MOVING THREADS FOR BETTER RESPONSES


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[harveybobbles]

Posting it twice wont help you get away with it lol

[hewhoisnotintheknow]

the 10% + whatever is to allow for faulty speedo readings

[MaximumImpact]

During this drive, I admit I was holding my mobile phone in my hand but in no way was I using it and I also had both hands on the wheel.

To be guilty of the offence of using a mobile phone, you only have to have it in your hand. Proving that no calls were made or recieved is no good.

Using doesn't mean that you were making or recieving a call....it means that you were touching it...full stop.

If you want to fight it then go to www.pepipoo.com (http://www.pepipoo.com) and they will advise you on your chances.

[macman]

Hi there,

I have been driving for just over a year now having passed March 2008, and I am still well within the 2 year - 6 points system.

In April of last year I recieved an SP30 speeding offence from a mobile speed camera that caught me doing 34mph in a 30 zone (not easy when your 'allowed' 10% up on the speedo, making an allowable 33mph! :mad:) and I agreed to take the fine and 3 points.

In July of last year myself and a companion were driving through my local town on a 20 second drive from one shop to the petrol station. During this drive, I admit I was holding my mobile phone in my hand but in no way was I using it and I also had both hands on the wheel. All of a sudden the blues are on and I've been pulled over, I explained to the officer that I simply was not using the phone and he agreed to check my call / text logs (suprisingly? I have heard stories of others refusing to do this). As there was no activity on the phone, there was nothing for him to find as my previous communications had been well over 30 mins ago. Therefore the officer agreed that I had not been using the phone however he did not verbally 'agree', more of a sign of recognition such as 'okay'.

For whatever reason this did not clear me in the officers eyes, and he proceeded to write me a ticket and advised me that due to the totting up procedure of 6 points in 2 years, I would have to go to court.

So, after 5 months I recieved my court summons and my hearing date, although the police officer then could not make that date and it has now been changed to next Wednesday 15 April 2009.

Brief overview of the incident:


I was not using the phone, simply holding it.
The officer checked all communication logs, and did not find any evidence to say I was using the phone.
In the officers statement, it states the window was slightly 'ajar' however as I have tinted windows I find it hard to believe he saw me pressing buttons as he claims.
I have a witness that will be attending court with me to back up my statement that I was not using the phone.
I am a University student with a totally clean criminal record.
I heavily rely on my car so for work purposes and my rural residency.

Can anyone tell me what to expect and if they feel there are any main points that are worth expressing the the courts?

Also; can anybody explain the process of a Magistrates Court? Do I enter a large courtroom with judge complete with hammer etc?

Many thanks and I look forward to your replies!

Square.

How do you manage to do that (unless you have three hands? If the phone is in one hand, then that hand is not in proper control of the wheel. That will count as 'using' the phone, you don't have to be engaged on a call. You are wasting your time using that as a defence, better to come clean. plead guilty, look contrite and hope for the minimum penalty.
PS: there is no judge in a magistrates court, only...magistrates.

[beaker141]

Have you ever used your phone whilst driving ?

[Nilrem]

As has been said, holding the phone is enough under the eyes of the law.
Indeed holding the phone, whilst parked with the engine running is enough under the eyes of the law.

The way the law is worded is such that to use a mobile you either need a hands free kit, or to have turned the engine off and be parked.

[Inactive]

So why were you " holding " the phone in the first place?

If your witness isn't truly independant, I wouldn't bother taking him/her with you to court.

[d123]

If your licence is really important to you, consider getting a solicitor to represent you, it is very likely you will be found guilty and will pay a fine, no matter what.

The right solicitor might just save you from getting the points.

As an example case, read this.
(http://www.bllaw.co.uk/PDF/DRI_1008_Using_hand_held_mobile_whilst_driving.pdf )

[daveyjp]

Not a telling off but a sensible bit of advice for the following reason:

A precedent has been set that if the police go thorugh your phone records and can show at some point you were driving and using the phone you could go to prison.

When in the car turn the phone off and put it somewhere else. Holding it in your hand is too much of a temptation to use it whilst driving.

A hands free kit is is small beer compared to the costs you are now incurring.