HELP - Wrongly accused of using mobile phone whilst driving!

MX5huggy

Just to drag up another thing I would recomend you don't mention!

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.

If your windows are so tinted that you can't see a hand on a phone then they are likley to be illegal.

mountainofdebt

Someone I know was taken to court for holding a phone whilst driving and as there was no proof that he was actually making / receiving a call at the time, he was found not guilty.

Hence why I say provide the records and it will be an open and shut case.

JamesJamz

But still you were holding a phone, when you are supposed to drive with two hands on the wheel

vaio

Le73Uq86Uv wrote: »

You broke the law as you were holding it.
If it had been a drink or a sandwich you could still be done.

JamesJamz wrote: »

But still you were holding a phone, when you are supposed to drive with two hands on the wheel

Both true but he has been charged with USING a phone, I think if he was just holding it (or a sandwich, drink etc) then he’s not guilty of what he’s been charged with although he could well be guilty of driving whilst not in full control but that’s a different offence and generally the police only get one bite of the cherry .

MrSquare_2

I managed to get hold of all my outgoing call / text logs for the incident date proving that I was not using it, however O2 do not allow me to have a copy of any incoming communications.

Are the logs still worth taking to court?

anewman

Be interesting to see how this turns out if OP takes it to court. IMO either way the OP is screwed (probably more so if they go to court) and out of desperation is trying to save their license.

If it was me though I'd own up to my silliness, take the hit, and start thinking about retaking the test etc.

mountainofdebt

MrSquare wrote: »

I managed to get hold of all my outgoing call / text logs for the incident date proving that I was not using it, however O2 do not allow me to have a copy of any incoming communications.

Are the logs still worth taking to court?

I would - can't do any harm can it? Did O2 say why they wouldn't let you have a copy of any incoming communications?

vaio

MrSquare wrote: »

……. O2 do not allow me to have a copy of any incoming communications.

Are the logs still worth taking to court?

I would have thought that under Data Protection and/or Freedom of Information laws they would have to supply the incoming logs.

The point of the logs if to help you convince a magistrate you are telling the truth, full logs would be better but partial is still worth taking.

LittleVoice

vaio wrote: »

I would have thought that under Data Protection and/or Freedom if Information laws they would have to supply the incoming logs.

The point of the logs if to help you convince a magistrate you are telling the truth, full logs would be better but partial is still worth taking.

Freedom of Information relates to public bodies providing information which is not subject to data protection legislation. It can have nothing to do with this matter.

MrSquare_2

Because I no longer have my contract with O2, they cannot help me anymore so they say. Should I persue the matter and get back on the case?

Based on what people have seen here what do you all think the verdict will be? And if for whatever reason the court decide that I am guilty, what would the punishment be revoked license + fine?