Help wrongly accused of using mobile phone whilst driving

peter999

innocent_man wrote: »

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

Seriously, was this in the dark.

Sounds like you have been setup in a police trawl on a quiet night.
They just park up on a quiet night & lookout for anything silly they can pin on people.

peter999

innocent_man_2

thanks pete it was dark cold and windy

Happychappy

Im not really paranoid !!!they really are after me.

This must be the meeting place for the conspiracy theorists ; ) sad really, but they need to go somewhere I suppose.

surreysaver

madmax2 wrote: »

Hi everyone just wondered if anyone could offer me some advice. In October 2006 my partner whilst driving was flagged down by a police officer and wrongly accused of using his mobile phone whilst driving. He naturally was very angry and explained to the officer that he hadn't been using it (he had actually been rubbing his ear). He even showed the officer his phone with the events of incoming and outgoing calls to prove his innocence. The officer was quite arrogant and wasn't having any of it. He issued him with a fixed penalty notice. We sent the notice back requesting for the matter to be dealt with in the court as we were not paying as my partner is innocent. That was almost 5 months ago and we never heard anything back until yesterday he got a court summons through with the officer's statement claiming that he saw my partner using his phone which is a total lie. Were both very anxious about this and wondered if anyone else had been in a similar situation?

Just turn up at court. They will offer no evidence as you weren't using your phone. Then the case will be thrown out. And the next day the case will be in the Daily Mail.

jd87

surreysaver wrote: »

Just turn up at court. They will offer no evidence as you weren't using your phone. Then the case will be thrown out. And the next day the case will be in the Daily Mail.

Read the whole thread. Madmax2 did take it to court and they backed down. S/he won.

gromituk

To be more specific: they backed down by post two days before the court appearance was to have happened.

innocent_man_2

innocent_man wrote: »

thanks pete it was dark cold and windy

hi pete due in court next week seen there evidence its the spotters claim he saw me on the phone. i have my phone records proving i was not using it. will let everyone know outcome .

mobilejunkie

Just a query; surely your phone records only show outgoing calls? Only the phone itself might show incoming ones if saved?

deano27_2

Very interesting post. I have to agree that using a mobile phone is damn dangerous as I see many on the M6 slowing down or driving irritically. It amazes me how people still do it when it is illegal.

In your case it is unfortunate that this is not the case. Do police have targets against certain convictions? If so this would make more sense otherwise why waste everyones time? Also I thought all police cars had cameras in them and could have taken the footage?

Incoming records. I don't think the network operators hold this information unless you are roaming. Although at a push I am sure they could track all zero rated calls around that time to your number, but the cost of doing that would not be worth it.

Good luck anyhow.

Froggitt

deano27 wrote: »

Very interesting post. I have to agree that using a mobile phone is damn dangerous as I see many on the M6 slowing down or driving irritically. It amazes me how people still do it when it is illegal.

Using a phone while driving IMHO is no more dangerous as driving while turning round to belt screaming kids, eating a sandwich, shaving, putting on lippy in the mirror, arguing with the missus, or sneezing even.

All the above Ive seen.....except the sneezing which Ive done.

Those people who kill while using a phone or eating or shaving should all end up in prison. That is a better disincentive than randomly picking using a mobile phone in the car as illegal.