Using a Mobile Phone

Jun 2, 2010

I pulled over into a bus stop and an unmarked police car pulled in behind me, he said that I had been using my mobile phone, I asked what evidence he had and he said I seen you. He also was not in any uniform.   He told me to get in the back of his car, I told him I preferred to talk to him at the side of the road, he again told me to get in to the back of his car, I again said I did not want to, he did not ask to see any phone or ask if I had actually been using it.  He told me he could arrest me for obstructing a police officer with his enquiries, because I would not get in the car.  I still didnt't want to get in the car, I was willing to talk to him but as he was on his own, I didnt want to get in the car, he proceeded to actually arrest me, so I got in to the car.  He went to my car and asked my friend to make me see sense, she came to the police car and said he had said that I should just take the fixed penalty, he again never asked to see any mobile phone or take any number for a phone.  He told me he was going to have my car siezed and towed away and take me the station as I had been arrested. He blew through to book me in to St Anne Street police station.  He took me to the station in the back of the car, on my own without any other officers, he could of been anyone.  I was taken into the custody suite where I was seen by the desk seargant, the police officer who had arrested me proceeded to tell the desk seargant he had arrested me for obstructing a police officer, the desk seargant asked what the investigation was?  He said I had denied actually having a mobile phone, I was holding my mobile in my hand whilst he was saying this and also that I had thrown my mobile to the passenger. The seargant asked him what the passengers name was, he said he hadnt asked, he asked him what was the number of the phone I was alledgedly using he said he hadnt asked.  The desk seargant said he couldnt charge me with obstuction as he didnt think there was any obstuction.  I was booked in and had to verify my identity by giving my partners number to verify my address.  After having my photograph taken and waiting around thirty minutes I was actually charged with using a mobile phone and given a court date for this friday the 4th June at 9.45.   I am unsure of what I need to do prior to and whilst I am in court.  I would be grateful of any help with this matter.

Category: Using a Mobile Phone

Posted by: patterson

I am appalled by the officer's behaviour and it should be possible to get this matter withdrawn without the need for a trial. The officer completely lost his objectivity and in my opinion his credibility is ruined by his approach. Simply denying an offence is not obstructing a PC, you have a right to a fair trial if you disagree with the allegation and there was no need for him to take you into custody. i would consider a complain for unlawful arrest to the IPCC you may be able to get some compensation, which could amount for a fair bit of money if the IPCC agree or if you bring a civil claim. Using a mobile phone is not an arrestable offence and it is clear you were not obstructing him in the course of his duty.

He should never have arrested you. It was perfectly reasonable for you to refuse to get into his car for this type of offence and the custody sergeant obviously took the same view. to get this matter withdrawn we would need to get the first hearing adjourned and ask for the custody records. We would then need to make detailed representations to the crown prosecutions service. you did not leave a number. I would have called you to do a free advice call if you had.

Have you got any points already? If so how many? Will your phone records confirm that you were not using the phone at the time of the alleged offence? Will your passenger back this up?

Come back to me if you would like my help.

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