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Using a Mobile Phone
Aug 10, 2010
Phone records will back me up
Alleged Offence: CU80
Your road traffic offence question: I was recently given a ticket for using a mobile phone, which although I dispute and can prove no calls were made I do feel that it is his word against mine.
However I have now spotted that the ticket was issued for the incorrect street and the alledged offence was not committed anywhere near this, I also have witnesses that were in the car behind to prove I did not visit that area.
Would this along with the disputed "use" be worth going to court over or should I just write a letter to the Police force in question to see if they drop the FPN before the 28 Days is up.
Any recommendation would be invaluable.
Your road traffic offence question: I was recently given a ticket for using a mobile phone, which although I dispute and can prove no calls were made I do feel that it is his word against mine.
However I have now spotted that the ticket was issued for the incorrect street and the alledged offence was not committed anywhere near this, I also have witnesses that were in the car behind to prove I did not visit that area.
Would this along with the disputed "use" be worth going to court over or should I just write a letter to the Police force in question to see if they drop the FPN before the 28 Days is up.
Any recommendation would be invaluable.
Category: Using a Mobile Phone
Posted by: patterson
If you can produce records to show that the phone in question was not in use at the time of the alleged offence - either for texting or making/receiving calls, then you have good prospects of defending this matter. the officer has to prove his case beyond reasonable doubt to win. You only have to cast a doubt to win.
If you accept that you were stopped and warned at the time then the street issue is irrelevant. All that matters is whether or not you were using the phone.
The police wont drop the ticket. They will proceed to court if you don't take the ticket.
If you would like my help with this matter come back to me. I defend over 95% of the cases that I take on and if we win or get the case withdrawn without trial (83% success rate) you will get your reasonable legal fees back.