6 points and 6 pending

GAZ237

ado wrote: »

I have no idea why the police didn't submit any evidence as there is space on the back of the ticket for a written statement, however best practice is to type a full statement on normal statement paper and to submit that along with the ticket or summons paperwork.

I am really disappointed that someone has made a big error by either losing the statement or not writing one in the first place.

Its not uncommon for the police to fail to produce paperwork at court.

GAZ237

eeyore123 wrote: »

Law enforcement do read these forums (and people can and will draw this to the attention of law enforcement), they will request your IP and times of access from this forum, contact your ISP and thus get your name/address. With this information you will find yourself being arrested on contempt of court.

Possible. But seeing as the police offered no evidence, the case was dismissed rather than tried.
So the OP had no case to answer in law.

muckybutt

I think this episode of Traffic Cops highlights the consequences of pi55ing about with a mobile whilst driving.

http://youtu.be/NXPWjIpVTx8

Aretnap

With the prosecution offering no evidence there was presumably no case to answer so I assume the OP didn't actually have to give evidence under oath. Perjury therefore doesn't come into it.

A dishonest statement made while not on oath might still be an offence if it tends to pervert the course of justice. However if no evidence was offered and he would have been acquitted regardless I'm not immediately seeing how the course of justice has been perverted.

TrickyWicky

bunney1981 wrote: »

I was leaving work tonight and within 2 minutes i had been pulled over for speaking on the phone. sods law i was only listening to an answer phone message.

Thanks for risking my life and also my partners life. What gave you the right?

GAZ237

TrickyWicky wrote: »

Thanks for risking my life and also my partners life. What gave you the right?

Good Grief.

And the award for the most, OVER DRAMATIC post, goes to.

Cycrow

photome wrote: »

hope you have learned a lesson and that you no longer speed and no longer use your phone while driving, but somehow I doubt it

What lesson would that be ? that he can speed and use his phone and not worry about getting caught or getting points/fine?

Lum

Thing is using the built in speakerphone does legally count as handsfree, it is the act of holding the phone that is illegal.

I could literally blutac my phone to the dashboard and use it to make and receive calls, browse the phone's UI, play music files etc., all while driving and I wouldn't be breaking the mobile phone law. I may be driving without due care and attention however, so obviously I wouldn't do any of this, except maybe receive a call.

The OP has gone to court, outright admitted to an offence by stating he was placing the phone on the dashboard while driving, and somehow gotten away with it. My guess is that the magistrate didn't know how this law works either as one who did would have convicted them based purely on that testimony.

OP: You have been bloody lucky, please be more careful in the future.

neilmcl

Lum wrote: »

Thing is using the built in speakerphone does legally count as handsfree, it is the act of holding the phone that is illegal.

No, it's the act of "using a handheld device" that's illegal. The OP did not admit to an offence in court, he lied.

Aretnap

GAZ237 wrote: »

Good Grief.

And the award for the most, OVER DRAMATIC post, goes to.

Oooh, a game. Can I play?

Not only did you risk my life, you risked the life of EVERY SINGLE PERSON IN THIS COUNTRY! You are WORSE THAN HITLER!

How was that?