I got pulled over last night for supposedly being on my mobile. The police past me going the other way i was doing about 50mph and so were they. I definatley was not on my phone, they checked my recently dialled and recieved calls of which there were none. But he was adamant that 'i saw the silver part of your phone up against your ear' which is an offence. So i got 3 points and £60 fine. How do i go about proving that i didnt do it, its my word against his in court. I asked vodafone if they log incoming calls but they dont. Any ideas would be much appreciated.
2007-03-01 19:35:11 · 17 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It was a 5.30pm yesterday so it was definately dusk. I do wear a silver watch on that wrist and i pointed that out, but he wasnt interested. I feel very strongly about this I wasnt on the mobile, but feel that I cant win in court against a cop. As someone else has said phone records cant prove that i didnt have it to my ear. I'm just dismayed they can make an accusation with no evidence and it appears there is little i can do about it.
2007-03-01 21:37:37 · update #1
No, you don't prove anything. They must prove you were on the phone.
2007-03-01 19:39:06 · answer #1 · answered by Gone 4 · 2⤊ 1⤋
If there were two police officers in the car that pulled you one would act as a witness to the other. If this was the case you have a problem because the court would take the word of the police officers as the overriding evidence that you were on the phone or more likely that you were about to use the phone.
I have mentioned this because you mentioned the word "they" in your query.
I guess the lesson to us all is if we have a phone then put it in the boot well out of the way. Merely having a phone inside the car whilst driving could lead to miscarriages in the law especially as the police can be just as devious as any other citizen.
2007-03-02 06:16:56 · answer #2 · answered by frank S 5 · 1⤊ 0⤋
I think you made an error in paying the Fixed Penalty Notice. This is taken an admission of guilt and your 3 points will follow. As some others have commented, your best course would have been to go to Court and see the prosecution try to prove their case. I realise there is a greater penalty imposed at Court but you are just as adamant that you're mobile phone was not being used. Magistrates are ordinary people and should look at the evidence in a fair and unbiased way. In my experience - and that is considerable - you would have been found Not Guilty.
As it stands, you have learned the lesson of considering the options before committing your name to a piece of paper, the FPN.
2007-03-02 07:13:17 · answer #3 · answered by MANCHESTER UK 5 · 0⤊ 0⤋
If the police say you were using the phone it is going to be hard to deny the charge.Phone records prove nothing as you could have just put it to your ear and the person at the other end didnt answer that would still be using.I would go to court and plead not guilty if you feel strongly about it and if as you say the officer said he saw silver near your ear thats harly enough he should be able to say positively.Was it dark?,do you wear a silver wrist watch?you could have been scratching your ear.
2007-03-02 03:51:48 · answer #4 · answered by frankturk50 6 · 2⤊ 0⤋
If you were on the phone just take it , but if you were not then ask the police to prove the fact. The police should not be able to access your phone records due to the data protection act. The trouble is that the police will have to prove with out doubt that you were on your phone and without your phone records they will not be able to unless they have a photo. And even a photo is not good enough as they have to prove you were using it.
2007-03-04 20:21:53 · answer #5 · answered by Stephen A 4 · 0⤊ 0⤋
easier solution is for everyone to get hands free if they cant live without there phone on whilst in a car! the only thing is, is to go to court and dispute it and get a solicitor dont pay the fine or send your licence anywhere. as someone has already sed holding your phone in your hand is enough to get pulled for you dont have to be speaking and if your a supervisor of a learning driver and your on a mobile phone you could get done to as not giving the learner or the road your full attention so watch out driving instuctors and kind parents.
2007-03-05 12:41:06 · answer #6 · answered by danielle s 2 · 0⤊ 0⤋
go to court and ask the officers to supply evidence that you were driving and using the phone at the same time
interesting i had a very similar problem accept i dont have a phone and i asked them to search the car for the phone needless to say thay could not find one as i dont have one i have now made a complaint of harrasment to the police
2007-03-03 13:31:18 · answer #7 · answered by mad keith 4 · 0⤊ 0⤋
well there is no need to drive and use the phone,they all have a switch off button,and if you put it in the glove box,and lock it way then you wont be tempted.but on a serious note, your insurance premium go up 4 times the £60 pounds,so that's an extra £240 per year, because you have to declare it on your statement to drive,and in the worse case all insurances companies,would fail to insure you. so be very care full,they are going to rid the streets of people who break the law.77,000 offences we committed by phone users,whilst driving ,last year,it is a problem,but the highway code in the UK does say you must have both hands on the wheel at all times,apart from changing gear,you haven't got complete control of the car,so if they don't get u for one? they could get you for the other? and you could still end up with 3 points,or even 6,and a thousand pound fine,so my friend consider your options you could be dammed if you didn't? and dammed if you do?
2007-03-02 05:42:52 · answer #8 · answered by archaeologia 6 · 1⤊ 2⤋
If you take it to court, it is up to the police to prove you are guilty by use of phone logs, video evidence etc. So if you really weren't on your phone, then you should be able to avoid the fine and penalty.
If however you were on the phone, you're better off holding up your hands and taking the fine. It's not as if we don't all know that we shouldn't be on the phone whilst driving.
2007-03-02 03:43:57 · answer #9 · answered by ben 4 · 3⤊ 2⤋
if you go to court with a copy of your phones most companies provide then online and prove to the judge that you were not on the phone they they will probally dismiss it but make sure to take a copy of your records with you they cant be deleted as easy
2007-03-02 04:12:26 · answer #10 · answered by the b-i-s-h 2 · 3⤊ 0⤋
To get a criminal conviction it is the prosecution that must prove its case. You are not required to prove your innocence.
However, if there is no record of incoming calls and both police lie, you are probably screwed.
2007-03-02 03:52:37 · answer #11 · answered by TC 4 · 2⤊ 1⤋