Caught speeding, wrong offence on the FPN.

[gedro]

I was caught speeding last night doing 56mph in a 40 zone and he pulled me over. He was parked up in some side residential road just off the main road which I was travelling on. The only signs on the main road are the ones that say 40 with a camera below it as theres a speed camera about 100m up the road.

 

He asked me to go and sit in the back of his car, there was only 1 policeman, he shown me the laser gun and it said 56, he printed off some long yellow ticket which I'm guessing was the FPN from some touch screen device, but on the offence details it says I was using my mobile phone, no where does it say I was speeding. Why would he have put this? Surely it should say I was exceeding the speed limit or something along them lines, but it doesn't - it says..

 

Offence Details

 

3101 \\ Using mobile phone while driving.

 

Can I get off with this?

[crem]

I'm not an expert on the time lines on these things but the jist of it as far as I can see is that you will be offered a CoFP to admit the offence without going to court. Presuming the CoFP still states "mobile phone", you will be able to refuse this and may be able to state the reason for disputing is "the offence did not take place".

 

If they progress the case to court I think you need to get some ammunition organised from your mobile provider who should be able to confirm in writing for you that the mobile phone was not in use at the time of the offence.