HELP - Wrongly accused of using mobile phone whilst driving!

MrSquare_2

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.

harveybobbles

It will just be the Maj and two other's plus your self there. It's not like the Old Bailey or owt...

Anyway don't waffle on too much infront of the Maj cos they will get bored and issue you with something rotten lol.

Even if you use a hands free device you still have to have the phone in a fixed cradle, so I can see why the bobby has taken it thus far.

isplumm

Hi,

I agree it sounds nuts, but if you have the phone in your hand ... well you are deemed to be using it ..... at leasst that is my understanding ... try
http://www.nopenaltypoints.co.uk/TheLawAndUsingYourMobilePhoneWhileDriving.html

Mark

LinasPilibaitisisbatman

I believe you

I am sure the magistrates will too.

harveybobbles

"I wasn't eating my apple Officer, just holding it..."

Might try that one next time I get stopped...

anewman

MrSquare wrote: »

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.

Merely holding the phone is enough.

mountainofdebt

If you can access your mobile phone account over the internet then I would print off a list of your itemised phone/ text usuage - this will prove that you didn't make any calls.

Also contact your phone provider to see if they can provide you with evidence that you didn't receive any calls.

MrSquare_2

It might sound a bit cheeky, but surely it is their job to prove me guilty rather than for me to prove myself innocent! Crazynesssss!

Is it worth pleading my mitigating circumstances again?

mountainofdebt

MrSquare wrote: »

It might sound a bit cheeky, but surely it is their job to prove me guilty rather than for me to prove myself innocent! Crazynesssss!

Is it worth pleading my mitigating circumstances again?

Depends on whether you want a fine or not.

harveybobbles

I was only holding the knife. I didn't stab him really...

MrSquare_2

mountainofdebt wrote: »

Depends on whether you want a fine or not.

Out of interest, why would pleading my mitigating circumstances land me with a fine?