Points and fined for using mobile when i was not!

d15_2

I was stopped yesterday for apparently using my mobile phone whilst in stationary traffic.

I had just finished work and it was about 5:30pm and it was very dark. I had my right elbow on my arm rest with my hand resting on the side of my face.

A police officer on a motorcycle stopped me and asked me to pull over.

I explained that i was not on my phone but he carried on issuing the ticket. He asked for my phone number and called it from his transmitter and asked me to get my phone out my pocket and answer his call - which i did (i have recorded the time).

I can confirm by getting an itemised bill from my mobile service provider that i did not make or receive a call at the time i was stopped.

I do have a second mobile phone which is on my name but is used by my father, i am not sure if any calls were made by him at the time.

Do i have a good case? i do not see why should i be punished when i was clearly not on the phone.

I look forward to hearing from you all.

MSchippie

The problem you have is that there are plenty of things you can be doing on a mobile nowadays that doesn't involve making a call. Anyway, it's even illegal to be holding it to look at the screen, reading a text etc etc. I don't think you've got much hope to be honest.

d15_2

MSchippie wrote: »

The problem you have is that there are plenty of things you can be doing on a mobile nowadays that doesn't involve making a call. Anyway, it's even illegal to be holding it to look at the screen, reading a text etc etc. I don't think you've got much hope to be honest.

Correct, but if he has put on the statement that i was actually making a call then i can argue i was not!


Surely if i take it to court it will be up to the office/court to prove i am guilty rather than me proving my innocence? The office was by himself, i was not using my phone so what proof will they have?

paddedjohn

d15 wrote: »

Surely if i take it to court it will be up to the office/court to prove i am guilty rather than me proving my innocence? The office was by himself, i was not using my phone so what proof will they have?

If you go to court they may ask why you had one hand resting on the side of your face and not on the wheel.

ginnersinner

paddedjohn wrote: »

If you go to court they may ask why you had one hand resting on the side of your face and not on the wheel.

They won't care. They're only interested in wether you were using a phone. If you absoutely didn't have it in your hand at all, then say so. Be insistent. That's about the best you can do. Ultimately, you're going to say you weren't on the phone, he's going to say you were. Make sure you - either yourself or through a solicitor - give him a good grilling in court. Keep into him about how he can possibly have seen you with a phone in your hand when you didn't have one. Get him to agree in the box that 'it's possible there wasn't a phone there', and you're probably home and dry. But as I say, it's basically down to who the court believe. The problem is they've probably heard the 'I was just leaning on my hand' story a few times, and are likely to be sceptical, even though in this case it's the truth.

shebrett

If the PO called your mobile then you have the call records of that phone and although your dad's phone is in your name it would be a different number I assume so you're OK there. If you take in your statement and explain what happened I think you will be fine as although other people may use that excuse, you can show the same phone he called was not in use prior to his call. The phone statement should be enough I think.
I used to work in an area of London where parking locally was a major hassle and we would sometimes provide CCTV footage as proof of where vehicles were at certain times and it was always enough, the phone statement would be as accurate for timing I would think.

sarahg1969

OP, you'd be better of reposting this on the motoring forum at https://www.pepipoo.com.