Using a hand held mobile whilst driving
I was stopped by two officers on bikes who say i was using a mobile whilst driving.
The time of the offence on my fixed penalty is 1315, the only calls made to or from my phone were 1240 and 1324 (after the officers had gone). The officers are saying that I admitted it to them when in fact I have admitted in agreement it is an offence to use a phone whilst driving, but not that I was using one.
They were positioned on the passenger side of the vehicle and say they saw me drop my hand from the side of my head. I could have been doing anything. In fact I was scratching my face. I will have phone records to show I was not on the phone at that time.
In addition, the officer never asked to inspect my phone, he did take my number. I must add that when prompted as to the whereabouts of my phone it was safely tucked away in the back pocket of the passenger seat. How should I approach this?
You have a defence if you were not using a phone at the time of the allege defence – but you have to accept that both the officers will give evidence to suggest that you were.
If you want to take the matter to court and challenge it then your chances are much improved if you are represented. The officers will need to be expertly cross examined about their account of events and the location of the phone at the time that they stopped you.
Have you got any points already? If so, how many?
The burden is very much on the officer’s to prove their case beyond reasonable doubt. You only have to cast a doubt to win.