Using a mobile phone whilst driving
I drive a x they come as standard with slightly tinted windows plus on the day it was raining and my whole car was steamed up. I have pictures to prove this which I took right after the alleged incident. My phone was in my lap and I was accused of texting whilst driving.
It would have been impossible for anyone to see inside my car. As I am currently a llb law student myself I gave the police officers a good run for there money and said I would see them in court. Would you be able to give me some advice please? Thank you.
Potentially you have a good case – if we can back up the fact that you were not using your phone at the time of the alleged offence with phone records.
The burden is on the police to prove beyond reasonable doubt that you were using your phone at the time of the alleged offence and if you can cast a doubt then you will win.
You have to be aware though that if you challenge the matter and lose you will be at risk of higher fines and court costs.
Come back to me if I can help further and I will be happy to assist.