Hi there, looking to see if I have any case against this offence. I was driving home from work the road was busy on both sides and the patrol car was across the road sitting in a cutting, I drove by with my head resting on my hand which was on the window frame.
I pulled over about 100 yards from where they were sitting to change a CD and they pulled up behind me and asked if a new why they were stopping me. I said no and they said they saw me on my mobile.
I then told them that I was resting my head against my hand and that I wasn’t on my mobile and that I didn’t even have my mobile with me.
I said that I wasn’t willing to accept the fixed penalty and I would be taking it to court but the problem is trying to convince the court that I wasn’t on my mobile when two officers say I was. Could you give me any advice thanks
You should defend this matter if you were not on the phone whilst driving. If the police never found a phone in your possession or in the car then this will potentially weaken their case against you.
If you can get phone records to prove that no calls/texts etc. were made or received on the phone that you do own at around the time you were stopped then this will strengthened your argument.
If you have no previous convictions then the court must give extra weight to what you have to say in your defence. Your job is to cast a doubt on the officer’s evidence, their job is to prove their case beyond reasonable doubt.