Hi, I have be accused of using my mobile phone. I was not using my phone my phone records will prove this. I was informed if I did not take the fixed penalty I would be charged with driving without due care and attention I reluctantly received the fix penalty and said no comment when asked if I had anything to say.
Should I pay this ridiculous fine as it would be cheaper than going to court?
If you have records to confirm that the phone was not used for any incoming or outgoing calls and texts at the time of the alleged offence then you have a good defence. You have to cast a doubt on the police evidence to win. The police have to convince the court beyond reasonable doubt for you to be convicted.
If money is an issue then take the ticket. But if you were not using the phone then you should not be put off by the police officer suggesting you run the risk of a higher charge – that’s just bullying.
Come back to me if you are up for a fight.