Help wrongly accused of using mobile phone whilst driving

JAYMARSH2005

madmax2 wrote: »

Hi thanks for all your responses. Just to update banger9365 we have already received the summons - received it approx 5 and 1/2 months after the incident. Sent it back pleading not guilty about 3 weeks ago but haven't heard anything yet - just waiting for a new date.

Just wondered matthewmps have you got details of both outgoing and incoming calls from your network provider as we have only got the outgoing calls itemised on the phone bill - when I rang the Network they told me that they didn't hold information on incoming calls - I bet if the Police rang them they would be able to access it!! Are you using a solicitor?

Let you know when we hear back from the Courts

The police can get access to everything on your phone, I have been watching this thread for a while as me and the police dont get on !! If you cant get the incoming calls off the network then tell them you have been recieving calls that you need to report to the police and they will provide the list. I hope you win this one as things like this have happened to me before, and have had loads of things pinned on me.

bluep

In terms of mobile records, yes the service provide will have records of incoming and outgoing calls for each number (I was a manager for a major service provider) and normal procedure is for the police or courts to fax over an official request in order for the company to release the information. I never dealt with a customer who asked for this information for a court case so I don't know what each company policy would be on this.

We certainly acted very quickly in response to police requests - had a couple of sad cases where children were missing and they needed phone records asap in order to help find them - in these circumstances, as soon as the fax came through we would give all the info that we had to the requestor asap (i.e. within a matter of minutes).

marleyboy

I think it is not upto your partner to DISPROVE the officers accusation, but that the officer has to PROVE it, a prosocution could argue that whatever the case, he was driving one handed, but as that is not the accusation, it is upto the officer to prove that a phone was used, be that a case of him tracking the network supplier to prove his case, or having photographic evidence or at least a witness.

It seems he has none of this, so fight it all the way.

robellett

Remember, someone can have a traceable phone/no and also an unregistered, and therefore untraceable no. Free SIM cards are everywhere today, including offered via links on this site, ebay etc.

I'm not sure how long just having your main registered network's records, if you have such a thing, will stand up in court.

Otherwise, people will carry a 'spare' mobile to use illegally whilst driving, containing an unregistered SIM card in it. Unless the police do a complete search of yourself and your vehicle, they wouldn't necessarily have the evidence for it. Plus, someone could dispose of a tiny SIM card quite easily - including swallowing it, to prevent them being seen throwing it out of the window.
You can also get 'dual-SIM' card holders, for a phone, allowing you to switch between SIMs easily.

Just some thoughts. Good luck, I hate injustice! Rob

MORPH3US

marleyboy wrote: »

I think it is not upto your partner to DISPROVE the officers accusation, but that the officer has to PROVE it,

In theory this is true, but it reality, a judge will (IMHO) take the word of a police officer over the word of the man in the street anyday even though some coppers are bent!!!

That is of course unless you can afford some flashy lawyer to fight your corner then the judge will be too scared to do anything.

oldbill1969

Like the flashy firm of lawyers who advised their clients to lie, who in turn got a sentence for perverting the course of justice

gromituk

...which just goes to show that there are bad eggs on both sides. I'm sure defendants are quite capable of lying on their own without the help of lawyers. I also suffered an incident a couple of years ago which shook my hitherto confidence in the police to the core. When you see how they close ranks when you try to get even an apology from an officer for his more than unreasonable behaviour, you start to despair.

shaymenRup

If you've not committed the offence then go to court. Its highly unlikely the police will have phone records- did they seize the phone?

The matter is a summary offence and you don't have to be making a call to commit the offence.

grayme-m

Have the police asked for his phone details to prove he was (not, as it happens) using his phone?

madmax2

Hi everyone

Thanks again for all your responses and advice.

The police officer never asked my partner for his phone details nor did he seize the phone either. My partner tried to show the officer his phone to demonstrate his call log to prove that he had not used the phone but the officer wasn't interested and wouldn't look at the phone.

I suppose it is a difficult one really as there is no evidence its just one word against another. I suppose we'll just have to hope that my partner can prove his innocence on the day.

A question for bluep do you think if we rang the network provider requesting the incoming calls due to nuisance calls we are having as jaymarsh2005 suggested they would do it? The incident goes back to October 2006 so would they still have the information?

I'll keep you all updated on what happens

Thanks again for all your help