Help wrongly accused of using mobile phone whilst driving

marleyboy

gromituk wrote: »

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

True but if as previously stated, its down to your word against that of a police officer, what have you got to lose?

Happychappy

Just an observation..............

Next time you are using your phone in the car and you see a police officer or police car, think about what you do ? almost everyone starts rubbing their ear or tidying their hair in a very overstated way , also next time you forget to put on your seat belt or suddenly realise you forgot it when you see a police car, how many of you suddenly start rubbing your shoulder or put your hand up to your shoulder

I would be interested in how many people own up to this, I know I have witnessed it hundreds of times, but still interesting to hear peoples views :rolleyes:

grayme-m

I am sorely tempted to drive around with one hand scratching my ear to see what happens; beats picking my nose!

oysterman

I have been reading this with interest, thought i would give my imput.

Hope you get away with it, but have doubts that you will, because it is in a magistrates court & they are so blinkered in believing what the police say even when the police are MISTAKEN they would still give a guilty verdict.

Can't have the police been made to look silly in court can they.

Good luck anyway

matthewmps

oysterman wrote: »

Hope you get away with it, but have doubts that you will, because it is in a magistrates court & they are so blinkered in believing what the police say even when the police are MISTAKEN they would still give a guilty verdict.

thanks for your thoughts oysterman but we don't want to get away with anything, as we wasn't doing anything wrong,we just got stuck with police officers who aren't very good at there job(if I was no good at my job i'd get sacked).

madmax2, I haven't heard from the court yet about my case but will let you know when I do,regarding the mobile phone records,I contacted vodaphone and they told me that they only give this information out on police requests,but in
http://www.thinkroadsafety.gov.uk/advice/mobilephones.htm
faq 4 it reads that they will get the information.
I will actually be taking a copy of road safety websites webpage with me to show to the judge.
Keep us informed on your case and anyone else in a similar situation.
regards matthew

login_details

Not to put a dampener on anything that could prove innocense but could it not be argued that that the mobile phone records would only prove that a particular phone was not used at the time in question?

frentchy

skybluesaver wrote: »

What a nightmare! I was amazed to see a police officer in my town eating an apple whilst he was driving a "Caught on camera" van.
It stinks of pure hypocrisy.
Your partners mobile phone network can verify all incoming & outgoing calls as well as text messages. Involve them & fight it all the way.
It angers me how the Police can try & stitch up people whilst knife & gun crime is going through the roof in this country.

I live in FRANCE .I was stopped for jumping the lights,the lights were being replaced, the new light had been placed behind the old one,and had been forgotten, when i pointed this out to this pair of arrogant cowboys (dont knock the English cops till you have had dealings with French ones) they treated me like they were doing me a favour an let me off this time, then sped off, dark glasses, arms trailing out of windows,pearly teeth, chewing gum, and no seat belts. Which i duly vidioed . Since then ive made it a hobby to capture the 20 odd police an gendarms in the town where i live , at least 200 times jumping stop signes, and lights,no seat belts. Just wait till the b----gers stop me next time. By the way, im the one who is still looking for the French equivalent to reclaim bank charges .

madmax2

Hi all

Thanks again for all your replies and advice.

buglawton - just to confirm there was only 1 police officer who flagged down my partner (who was also on his own) and accused him of using his mobile phone so its one person's word against another. The court hearing is scheduled for 9.6.07 so I'll keep you all updated.

Flimber

Good luck mm2.

Just wanted to point out that, AFAIUI, a person doesn't have to be making or taking a call to fall foul of this. Someone could concievably be using their mobile to take a photo of something, or reading an old text message or even using the calculator to work out an unusually hard sum. None of them are considered safe things to do while one is supposed to be concentrating 100% on driving.

Froggitt

Flimber - do u ever listen to the radio while driving? Or chat with the missus next to you? Do you ever think about your day at work while driving? I dont know anyone that concentrates 100% on driving, and indeed, the law does not require you to do so....only to drive safely while youre doing whatever else youre doing.

Theres two laws here.....one if a specific using a mobile phone while driving law, the other is a "driving badly" law eg eating bananas leading to you swerving all over the road.

Interesting point.....is it illegal to use a turned off mobile phone while driving....eg to scratch ear. Im sure the phone companies can provide evidence to show times phones were turned off.

AFAIK, its not illegal to use a calculator to work out hard sums while idling at the side of the road. Nor is it illegal to read a printout of your txt messages while sitting at the traffic lights. Nor is it illegal to take a photo with a camera while stuck in traffic on the M1.