Stationary At The Time

Question:

I was pulled over and accused of using my mobile phone whilst driving and issued with a fixed penalty notice.

I was in fact not using my phone and my incoming & outgoing call, text etc records can prove this.

I did pick my phone up and look at it (to see what the time was) but I cant see how this can be proved by the officers who pulled me over and I was stationary at the time waiting at a red light so I was definitely not driving dangerously.

Can you help?

Paula Says:

I can help. The officer has to prove beyond reasonable doubt that you were using the phone at the time of the alleged offence. If you were not moving (stationary) at the time then it may be possible to argue that you were not driving – driving involves motion and control.

The phone records will help but you will have trouble getting them and you may have to get a court order for the calls and texts received.

If you would like my help with this matter come back to me and I will be able to assist further.

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