Help wrongly accused of using mobile phone whilst driving

1882

I think you'll find that only a fine will apply as the 3 points were only introduced recently and they cant be applied to an offence before then!

Kislaya

1882 wrote: »

I think you'll find that only a fine will apply as the 3 points were only introduced recently and they cant be applied to an offence before then!

Absolutely correct, my apologies. Thank you for pointing this out.

Yes, the law cannot be applied retrospectively with respect to the addition of points.

However the potential fine is certainly much larger in court as compared to the original fixed penalty notice.

Old_Gold

So does this mean that the Police need to produce the mobile phone records themselves when they bring the case as the case will be defended on those grounds?

Paul_Varjak

Two Police Officers recently gave me a 'lift'. The driver broke the speed limit and the other officer wore no seat belt!

Encantador

Why do people always suggest that police should be doing something `better`. He could have been stood there waiting for a mugging to take place or a knife wielding maniac to appear, but it didn`t, should he ignore everything else.

IF this person had been using his phone and the officer had ignored him and he then crashed into a mother and child killing them both, what would you have been saying now???

OK, back to the issue. There is no saying what phone a person was using, many people have more than one, it could have been a friends, the point is, proving you were not using one specific phone at that time, probably won`t help.

The officer will say what he thought he saw, your only hope is to politely say to the court that you appreciate that the officer may have thought he saw you using your phone but unfortunately he was mistaken.

Yes, produce all the evidence you can about that one phone.
Yes, follow the advice above re making sure that you know the law etc.
Don`t accuse the officer of being arrogant or of telling lies, that won`t help you.

This will come down to you convincing the court that your story is credible.

You are taking a risk and to be honest, innocent or guilty, for £30 possibly too big a risk.

MickKnipfler

He could ask the officer in court why he refused to check his incoming calls log on his phone and therefore he was denied the opportunity of proving his self innocent

Encantador

The phone he had been using (not that he had) could have been in his other pocket.

madmax2

Thanks for all your replies and advice - it is very much appreciated. We have decided to take this to the court by pleading not guilty. My partner feels very strongly about it as he is innocent. If he were guilty he would have just paid the £30.00 fine (that's what it was in Oct 06 with no points endorsed). Were just hoping that the court will take this into account as surely anyone guilty would not pursue it like we are they would just pay the £30.00.
The officer claims that he saw my partner with the phone in his left hand to his ear (My partner was acually rubbing his ear with your right hand) He also states that when he stopped my partner the phone was produced from his left hand pocket of his jacket. This would make it almost impossible if he had been using the phone with his left hand to put it back into his left pocket!! Just wondered what kislaya makes of this? Surely for my partner to be found guilty this has to be done with unreasonable doubt?

avi_3

I think the officer stating the wrong colour of the phone is an important point to mantion in court.

ianian99

just skimmed through this post BUT go to court with it. The powers that be have access to both calls dialled and received on any mobile phone and this info is supplied to them in nearly real time.
Go to court telling them that you are aware of the fact that this info is obtainable and you would like to go to trial using this info. The police dont even need a court order these days toi get this info so the courts would not have a problem.
they are just hoping you accept it like everyone else who says "well what can you do"
If your are innnocent stay that way.

Also if the said copper is blatently lying get down the cop shop and make an officail complaint.