I was stopped by the police and accused of using a phone whilst driving. The officer claimed the phone was at my left ear and offered a fixed penalty. The company I work for issue employees with PDA’s which was in its cradle and off. My personal phone was inside a holdall in the backseat. Both sets of phone records prove there was no calls/texts to either device.
I categorically denied using a phone to the officer. He didn’t inspect either device. I explained I felt it was an error on his part. I now have an offer from the PF of a fixed penalty. I am concerned if I appeal and represent myself in court the fine will be increased. How often does the fine get increased and is my case beyond reasonable doubt?
The officer’s failure to properly investigate and look at the phone/PDA can be put to him in cross examination at trial. The CPIA states that he should look for evidence that points towards and away from an offence.
If you take the matter to court and lose then you are at risk of higher fines. If you can get phone records to back up what you say then you have a good chance of defending this matter. The officer has to prove the allegation beyond reasonable doubt. You only have to cast a doubt to win.