I was recently stopped on the motorway for holding a mobile phone whilst driving when I was on asked all this on camera I denied that I was using the phone. but before the recording started I said I was just holding it.
I was given the normal fixed penalty of CU80, although the police officer once it was recording asked me to sign to say I was holding the phone but I remained silent and refused to sign the statement which he had written on the back of the fixed penalty notice.
But i vehemently denied using it and asked the officer to check my phone for dialled numbers and received calls which he did and this is all recorded on his internal camera. He then preceded to dial my number to check if it was the correct phone which it was and took a note of the serial number.
He just said that i could have another phone in my possession and he is not allowed to search my car.
But he then proceeded to my car to retrieve a credit card from the seat of my car but instead took about 5 minutes searching through it I am also on camera saying that he is searching my car and he has no authority to do so and asked the second officer to record the incident.
My question lets assume I had a second phone is there anyway the can check the records to prove this if the matter goes to court.
It’s highly unlikely that the officer would go to the length of checking with all the other phone providers to see if you had another phone registered in your name.
If the phone you showed the officers was the only phone that you had on you at the time then you have a good chance of defending this matter.
Have you got any points already on your licence? If so, how many?
You must not lie to the police or the court and if you did have another phone you should just take the penalty. Otherwise you will be at risk of a more serious offence if you get caught out.
Come back to me if you would like my help defending this matter.