Hi, I have been issued with a fixed penalty notice for using a mobile phone whilst driving. However I had two phones in my car and one of which I was using through a bluetooth headset at the time, however the other phone had fallen off its cradle and I had picked it up in one hand and thought there was a text message which I didn’t check but went to take out my headset from my ear with same hand holding the other phone (which the police thought that I was using).
I had immediately stopped and pulled up to the side about to check my phone when I had a police officer come to the side of my car and started shouting and barking for me to pull away from where I was parked and park forward. I was shocked as I didn’t know what was going on.
I parked in a different spot and he shouted again which was quite intimidating to tell me to move forward again so that they can park behind me. He then shouted at me to come out the car and bring my mobile phone and he didn’t bother to check or tell me which one so I took the one I wasn’t using.
At this point I was shaken up and a bit shocked as to why they were calling me and in the car they said what was I doing?
I replied I was checking my phone to see if had a text because I had thought they were asking me what I was doing when I had pulled up. They said they saw me with my phone to my ear and were going to issue me with a fixed penalty. They did not ask to see my phone or did not see my earpiece.
I didn’t sign the bit where I had said I was checking my phone as I wasn’t sure what I had done. I believe they had assumed I was holding a phone and having a conversation with it but it was the other phone that I was using through the headset.
I actually work for a mobile phone company and I am aware of legal implications of mobile phone use in cars but I think they made a mistake. I do have 6 points which are due to expire this year and I was just wondering do I accept the 3 points and fine for something I’m sure I didn’t do or take this matter further.
If you don’t accept that you were using the phone at the time of the alleged offence then you should reject the fixed penalty and ask for a court hearing. If your phone records back you up (and we would be able to get those) then you have a good chance of casting a doubt on the officer’s account of events. the fact that you have blue tooth will also help.
Come back to me if you would like my help defending this matter. Bear in mind that if you take it to court and lose you risk higher fines and court costs.