Jump to content


Charged with Mobile phone offence and didn't do it.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2193 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I would appreciate any response or direction please...

 

Back in November 2014 I was pulled over and told I was seen using a mobile phone by a Policeman on a bridge.

I denied this and when asked "do you know why I was pulled over", I answered "no".

 

 

When told I was "seen holding a mobile phone, which constitutes use"

I denied it immediately as pretty sure I hadn't been on a phone.

 

 

I couldn't understand why I would be pulled over and said

"maybe I had a CD in my hand and changed the radio, but I don't even think I did that".

I was issued a ticket.

 

Later I thought it was most likely because I was using my large screen mobile as a Sat Nav

and had it in my drinks holder and when I am driving I often have my left arm on the rest

and my hand is 5 inches from the phone in the drinks holder.

 

 

It was a three hour drive so when I say "pretty sure I'm innocent" I mean 100%

I can't recall being on a phone, but after 3hrs and the police telling you you were you doubt yourself.

 

I was sent a form saying I could go to education classes but ignored it as I felt I wasn't on the phone and am innocent

 

I have now been charged and asked to attend magistrates in September (200 miles away).

 

I have looked at the Witness statements and one officer is saying he clearly saw me with my mobile phone to my ear as opposed to just holding it.

The one who pulled me over is missing out most of the conversation and just saying she charged me and that I replied "I must have had a CD".

 

The witness statements were written just a few weeks back so 5-6months after the event.

 

I have just checked my phone bills and I have no outbound calls at the time of the offence,

but my phone company cant get the inbound (which Im sure would be clear).

 

I intend to say I am not-guilty, but would welcome advice. I have to send off a document saying "not guilty"

and then attend on a different date.

 

 

My specific questions would be:

 

1) It's my word against the Police so in a magistrates would I ever get found innocent?

He's now saying not just in hand but I was on the phone.

It's a lie as I was told seen "in hand".

Seems they make up the evidence in order to convict!

 

2) If I plead not guilty does it go back before a CPS to review evidence or will it 100% go to Court (200miles away)?

 

3) If it does go to a CPS before a Court date

can I send my evidence e.g. a Pic of the phone in the Drinks holder

and also the phone bill with the hope of it being dropped as I can't see how any real evidence is put forward

e.g. phone bill shows no call, 30-40mph road and I have a big screen mobile sitting in my cup holder

that could easily be mistaken as in my hand at those speeds (but not at ear).

 

4) If I go not guilty then I guess I need a solicitor? I could do without the cost. And the cost of the solicitor is probably more than the fine!

 

Any advice welcome!

 

Thank you

 

 

D

Link to post
Share on other sites

There must be some way of finding out if someone called you (or not) at the time the police say they saw you.

 

You say their witness statements were written just a few weeks back - does it tally with their pocket books ?

 

I will try and find someone who can help.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
There must be some way of finding out if someone called you (or not) at the time the police say they saw you.

 

You say their witness statements were written just a few weeks back - does it tally with their pocket books ?

 

I will try and find someone who can help.

 

Thanks for the reply.

 

I have my phone bill and I didn't make a call. I am trying to get the one for inbound calls.

 

I just have single page statements and I don't know about the pocket book.

 

I called a solicitor and it may cost £1200 to defend! I should have just gone on the course....

 

I may just admit guilt and get 3 points and a 300quid fine. Saves me money.

 

It's not really justice though!

Link to post
Share on other sites

Factor in the cost of increased insurance premiums in your reasoning

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites
  • 2 weeks later...

If you can prove that you did not make a call, then surely it's up to the Police to PROVE that you received one ?. They would have to get the records from the 'phone provider/s. Remember, it's up to them to prove you're guilty, not for you to prove your innocence. Should make an interesting Court case !

Link to post
Share on other sites

Under the regulations surrounding driving and mobiles, "use" is not restricted to the making and receiving of calls or texts.

 

People have been done in the past just for holding the phone or for checking the time. It's a very difficult one to disprove.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...