Ticket For Using Mobile Phone - But Wasnt

hadenoughnow

Hi,

My wife has been given a FPN for using her mobile, which was zipped up in her coat pocket, she was actually scratching her head, now i know what somepeople may think - oh yeah! but she wasnt and never does it, she always pulls over first.

I am of the mind just to pay it, but something says, why should they get away with issuing it? there were 2 officers present,

has she actually got a leg to stand on? her phone is PAYG so records arent that easily obtained

thanks for any help

HEN

MaximumImpact

Phone records are no use. It is an offence to even have the phone in your hand, doesnt matter if you were just checking the time on it....Go to www.pepipoo.com

They are the experts.

Gordon861

If the court wants the phone records they can get them.

Did the police actually stop her, or was she just driving past?
Day/Night?
How far away was she when they claim she was using the phone?
If driving past they will need some better evidence that an offence was even committed.

Technically she is innocent until proven guilty. If they are claiming that she had the phone to her ear making a call it should be a pretty easy case to disprove. Had they said that she had the phone in front of her in her hand it would have been a lot more difficult.

MaximumImpact

If she has an FPN then should would have been stopped otherwise she would have recieved a NoIP through the post.

As I said, phone records will prove nothing. The Police Officers would have had to have been in the car with her to know if she was making or receiving a call.

If driving past they will need some better evidence that an offence was even committed.

That's how most people are seen on mobile phones, Police Officers drive past and see them on the phone. Person driving car has phone to ear or has phone in hand, Offence committed.

OP, if your wife is adamant that she wasn't on the phone then go to www.pepipoo.com and they will advise her as they are the experts at this.

Gordon861

Yes, but if the police are claiming the phone was by her ear making a call and she can prove that no calls were made at that time it will help disprove the claim of the police.

They aren't claiming she held the phone(an offence), they have in effect claimed she was making a call(same offence but more detailed and easier to disprove).

Currently there is no evidence other than the fact that the offices saw her hand next to her head They may claim they saw the phone but in that case they will be able to describe colour and what, if any, of the phone they saw.

What did the police saw when she told them that she wasn't on the phone and that it was zipped into her jacket pocket at the time?
Is the phone large/small?
Would they have been able to see the phone clearly if she had been making a call?
Can she demonstrate this fact to the magistrate when it goes to court?

There is also a good chance that the officers statement will include something else that doesn't 'add up' when looked at properly. You need to pick holes in any part of the police statement and point out an discrepances in it, but you will probably need to wait for the court case to get hold of it.

If she is adamant that she didn't use the phone, get the phone records and fight the case. Might be worth contacting the phone provider and requesting the records now even if you have to pay a fee to get an itemised bill.

MaximumImpact

Yes, but if the police are claiming the phone was by her ear making a call and she can prove that no calls were made at that time it will help disprove the claim of the police.

Where have they claimed she was making a call??

Using a mobile phone also means simply just holding it by her ear, they don't have to prove she was making a call for the offence to be complete. There are documented cases of people being prosecuted for scrolling through phone whilst in traffic lights. They weren't making calls.

Playing devils advocate, if she showed them that her phone was in her pocket after she was stopped, how can she prove she didnt put it in there when the blue lights went on???

I again recommend that the OP goes to a forum that specialises in this kind of ticket.

Gordon861

I took the comment about "she was actually scratching her head" to mean they were claiming she was actually on a call. But either way it is upto the police to prove beyond a reasonable doubt that she was 'using her mobile'.

If the police didn't actually see the phone and just went off the position of her hand at the side of her head they would need the records to show that a call was being made to prove the charge.

Also, if they were following her and saw her making a call, does the police car have camera evidence?

MaximumImpact

Just having the phone in your hand constitutes ''using'' the mobile. You don't physically have to do anything with it to have committed the offence.

The majority of Police Vehicle do not have camera systems due to cost and training implications but most if not all specialist cars do..e.g Traffic and ANPR.

Can the OP clarify any of these points???