Help wrongly accused of using mobile phone whilst driving

madmax2

Hi everyone

Thanks for all your replies and advice. Just wondering if anyone out there has actually been through a similar situation and took this to the courts and won. Court case in a month's time so will have to take a day off work for this - does anyone know if I am entitled to any compensation i.e loss of earnings for the day should I hopefully win this case. As there is no photographic or video evidence I am quite confident that I should win this case. Would appreciate your views and any feedback. Matthewmps what's happening with you? Have you had your summons through? Are you using a solicitor?

Jules114

Hi madmax2,

I've been quite interested reading through this this morning. My husband had a similar experience today on his way home from work. He was stopped by police and accused of using his mobile phone which he says was switched off, in his jeans pocket, under his seatbelt! He was actually eating a banana. The policeman would not accept this and again refused to check the phone history, stating that he could have deleted it. My husband explained that it was a work phone and as he had left work he had switched it off. He was issued with a £60 fine and 3 points. The infuriating thing is that he won't appeal. He feels that if a police officer by the roadside with all the evidence to back my husbands claim won't see sense, then neither will a court. He had a clean licence prior to this. :mad:
It seems that there are some officers out there who won't admit that, like the rest of us, their judgements can be wrong sometimes.
Both myself and my husband used to work for our local police force as civilians and we know what pressures they come under and what is expected of them but there are those out there who appear to be full of arrogance and give their force a bad name.
My brother in law was also stopped and accused of using his mobile phone when he was fiddling with his right ear, something that he does do alot. The last I heard he was awaiting a court date. I will have to find out if he has been to court yet and let you know the outcome.

buglawton

If it went to court, police would have to get evidence from mobile phone co. records that a call was made. You also didn't mention of there was 1 or 2 of the police, one on his own does not count as a witnessed event. Anyway if your OHs mind is made up then leave it. Just remember points can accumulate.

On the topic of fruit in cars, see
http://www.thesun.co.uk/article/0,,2-2005040484,00.html
- there is an anecdote that in response to this "The Sun" gave out free apples at the police station car park then filmed them all eating them while driving away - but I can't find a link to it.

MORPH3US

Jules114 wrote: »

The infuriating thing is that he won't appeal. He feels that if a police officer by the roadside with all the evidence to back my husbands claim won't see sense, then neither will a court. He had a clean licence prior to this. :mad:

The sad reality of it all is, at the end of the day its a police officers word against your husbands....

Normally, its innocent until proven guilty so the police would be required to show evidence of your husband using his phone (photographs / call reccords etc) but in the good old UK where we let criminals out of jail because we have no space to keep them, or because its against their human rights to lock up rapists and paedophiles, a judge will take a police officers word over almost anyone's without any proof whatsoever!

Having said that, eating at the wheel can be just as dangerous as using a mobile phone so going to court and saying "well actually I wasn't using a phone, I was eating a banana" might end up doubling your fine and points...

M

M

gromituk

Jules114 wrote: »

He was actually eating a banana.

Well that could be construed as driving without due care and attention. I'm a bit concerned that you seem to think that there is no problem with this.

buglawton wrote:

If it went to court, police would have to get evidence from mobile phone co. records that a call was made.

Ummm... have you read the rest of this thread?

Jules114

Well, to be fair I didn't actually say that I saw no problem with this. If he was stopped and fined for eating whilst driving then it's his own fault and there is no argument. I believe there is potentially a higher penalty if this was the case. I have the same opinion of speed cameras, if you speed and get a ticket it's no ones fault but your own. I hate seeing people using mobile phones whilst driving and never do it myself, but surely an officer sould be certain he has seen an offence take place in order to issue a penalty.
When I worked for the police we were always telling victims of everyday crime (such as criminal damage) that even if they knew who did it, evidence was needed in order for a suspect to be investigated.

grayme-m

The argument against using a mobile whilst driving is that you are distracted by thinking of the conversation; whilst you are driving in effect with one hand if eating, it's not exactly as distracting?

gromituk

No, but you are distracted either way, and you can kill an innocent person as a result, either way.

marleyboy

grayme-m wrote: »

The argument against using a mobile whilst driving is that you are distracted by thinking of the conversation; whilst you are driving in effect with one hand if eating, it's not exactly as distracting?

To side with you on this, the same argument can be applied to simply changing the gears, it involves driving one handed, but as its an essential part of the driving experience, this is overlooked too. We could fan our finger out to the police officers armed with this, as well as the fact they use the police radio whilst driving, it may be strapped to the shoulder, but its no hands free, and certainly doesnt involve keeping both hands on the wheel.

If the arguments lay at "distractions", should not the same principle apply to advertising billboards, road signs and flashing blue lights? All of which, can be interprited as a "distraction".

gromituk

Taking an argument to extremes never really helps your case I'm afraid.