Help wrongly accused of using mobile phone whilst driving

grayme-m

KeithP wrote: »

DonnyDave,
yes.

A more fascinating question might be...
So when you pull up at the side of the road, put your handbrake on and take the car out of gear and leave your engine running and get out of your car and stand on the pavement and use your mobile phone, are you "still driving"?

Whatever you do, don't get out of the car leaving a minor in charge of the car...

Some elements require a bit of common sense, you should be hard pushed to be 'caught' if you are stopped in a layby in neutral with the handbrake on, no matter where you are...

Some laws just can't be taken too literally, remember eating mince pies on Christmas Day is banned in this country. :xmassmile

TilerJack

I acknowledge that I was still driving the engine was running and I was in traffic my point is if I look at my phone then put it down not pressing any buttons is this still an offence because I am not actually using it surely to wind down the window, change the radio, move the sun visa is as dangerous as I don’t have two hands on the wheel. When I told the arrogant police officer that I was going to take this matter to court he said I quote “who are they going to believe its your word against mine” this made me so angry I felt like chinning him. You know its incidents like this that make want to leave this country.

innocent_man_2

hi MickKnipfler i was stopped today by a police officer waving torch got pulled over he then asked me if i knew why i had been stopped i said no i was only doing 30mph he said you where spotted using your mobile by a plain closed spotter on the bank as you drove down i said i was not using my phone i showed him all my incoming and out going calls and my txts wich clearly showed my last call of any form was 2 and a half hours previous he then checked my van over breathlised me and then said i could go to court to prove my case if i wished regarding the mobile phone charge there was another van passing at the same time and the officer clearly said the spotter came down to check if he had the right van and he said he had but i think he has made a mistake because i was not using my mobile phone i am going to court what are my chances off success p.s i can get all my phone records from work for my phone for that day that will prove all my incoming and outgoing calls and txts .. thanks

Neiliboy

innocent_man wrote: »

hi MickKnipfler i was stopped today by a police officer waving torch got pulled over he then asked me if i knew why i had been stopped i said no i was only doing 30mph he said you where spotted using your mobile by a plain closed spotter on the bank as you drove down i said i was not using my phone i showed him all my incoming and out going calls and my txts wich clearly showed my last call of any form was 2 and a half hours previous he then checked my van over breathlised me and then said i could go to court to prove my case if i wished regarding the mobile phone charge there was another van passing at the same time and the officer clearly said the spotter came down to check if he had the right van and he said he had but i think he has made a mistake because i was not using my mobile phone i am going to court what are my chances off success p.s i can get all my phone records from work for my phone for that day that will prove all my incoming and outgoing calls and txts .. thanks

If you do go to court i hope to god you use some full stops in any of your correspondence - thats one hell of a long sentence.;)

gromituk

That's one hell of a long sentence that you quoted in its entirety simply to add one line of your own!

As has been said before, the mobile phone records do not prove you were not using a phone. You could have had another phone, for example. I'm not saying you did, merely pointing out what arguments might be used against you.

Did we ever hear the original poster's outcome?

innocent_man_2

well got my summons today it was a plain clothes cso saying he saw me using my phone in my right hand from 5meters away in the dark. im a lefty got my phone records proving my one and only phone was not in use as i was going down hill slowing changing gear to enter narrow bridge i needed both hands the guy is either blind or trying to fill his quoter what are my chances at court thanks

Bettingmad

There will only be one outcome in court and that is you will be convicted from the basic statement of facts that you provided. Are you using the services of a solicitor at Court ?
As someone posted earlier it doesn't matter that your phone records don't show use, as you only need to be holding the phone whilst driving.. Sorry I can't point out any positives for you.

innocent_man_2

hi my defence is at no time did i hold ,,touch, or glance, at my phone and he was mistaken .its my word against his but i can offer some proof in my defences were he can offer non as to my guilt can,t afford lawer but i would rather go and give a good account of my self in , as to my innocence, than be asked to become another statistic to fill someones quoter for the month . thanks for any comments

arfster

Here's what our police force is like these days:

http://www.thisislondon.co.uk/standard/article-23512711-details/Man+gives+himself+up+over+murders+and+is+told:+Wait+in+the+queue/article.do

The guy who murdered and burned those two french students gave himself up in a police station, confessed to the desk guy he'd committed two murders, and was told to get to the back of the queue. He sat for five minutes, with bad burns visible, and could just have changed his mind and walked out at any moment.

Doesn't get any sillier than that.

mobilejunkie

I gave up any respect for the police a while back. They are only interested in covering their own backsides, reaching their targets and doing as little as possible in terms of real crime.