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Incorrectly accused of using mobile phone whilst driving.
JC21
post Tue, 28 Mar 2017 - 15:55
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Good evening. Was hoping to receive some advice from somebody who has experienced this or has any knowledge they may wish to share. I apologise for the longish post and appreciate anybody taking the time to read through and comment.

Three weeks ago my wife returned from the supermarket and said "you won't believe what's just happened to me". A police car had followed her into the car park of Morrisons and flagged her down with the usual do you know why you have been stopped?

The events and salient points are as follows.

The officer then advised her that he had seen her using her mobile phone whilst driving and had video evidence of this and the he was going to issue a ticket accordingly which he did at the roadside.

When my wife denied this the officer explained that the he had seen her move her hand from the side of her head quickly and that was what raised his suspicion.

My wife explained that her phone was in her bag and that she hadn't been using it, my daughter had her own phone in her hand (aged 15 social media addict what more can I say).

A long conversation ensued and the officer perfectly politely advised my wife that the recording of the alleged offence would be reviewed and if indeed as she claimed she was simply pushing her hair back over her ear (as she was) then no further action would be taken. My wife asked to see the evidence on the video and the office returned to his car and spoke to a colleague but then said that as it was recorded on a body cam that this would not be possible. However if the matter went to court she could review it then.

My wife being the trusting sort assumed that clearly since she was not in the wrong and that the video evidence would clear her found the whole episode quite amusing (not sure I would have shared her sense of humour on this one).

You know what's coming next I'm sure........Conditional offer of fixed penalty, 6 points and £200 fine received today.

I am not really looking for advice as to how to "get away with this". Quite simply no offence was committed. I have spoken to a lawyer who specialises in these matters who has given a few pointers but the fees of between £1k to £3k are beyond my means. My question is if we go to court what should we expect. We can request records from our mobile phone provider that will show no calls or texts were being made at or around the time (for both my wife and daughters phone if needed. The alleged
Offence happened at just before 1800 prior to the clocks going back so I would assume any video footage would be reasonably poor (which I would imagine would be good news if you were guilty of an offence but not so good if you are innocent) and would also like to know if they really do review the evidence before moving to preps edition of was by wife just being planted given the circumstances.

I think I've covered everything and would appreciate your thoughts. I am sure we are all in favour of the Police finally taking this offence seriously but over zealolous officers raising funds from innocent motorists is unacceptable.

If I can give anybody anymore info please ask. My wife is in pieces over this, 30 years of driving so much as a minor ding or a parking ticket and now she's been hit for six.

Thanks in advance.

JC.




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Posts in this topic
- JC21   Incorrectly accused of using mobile phone whilst driving.   Tue, 28 Mar 2017 - 15:55
- - southpaw82   Seeing the video would be useful, but is unlikely ...   Tue, 28 Mar 2017 - 16:10
- - Jlc   It was predicted that such 'mistaken' case...   Tue, 28 Mar 2017 - 16:17
- - JC21   Thankyou Southpaw 82 and Jlc for your replies, and...   Tue, 28 Mar 2017 - 16:51
- - The Rookie   If you win then you don't pay costs. You coul...   Tue, 28 Mar 2017 - 16:59
- - Logician   I think the chances are that bodycam footage will ...   Tue, 28 Mar 2017 - 17:00
- - mashman36   Put them to proof ;phone records and video . I was...   Tue, 28 Mar 2017 - 17:33
- - peterguk   QUOTE (JC21 @ Tue, 28 Mar 2017 - 16...   Tue, 28 Mar 2017 - 18:16
- - JC21   To The Rookie Thank you. The lawyer I spoke to me...   Tue, 28 Mar 2017 - 19:30
- - glasgow_bhoy   If they have camera footage, and have made clear i...   Tue, 28 Mar 2017 - 19:30
- - Jlc   The fine is income related - and ironically could ...   Tue, 28 Mar 2017 - 19:38
- - JC21   Glasgow bhoy I'm 100% sure there's no con...   Tue, 28 Mar 2017 - 20:19
- - Churchmouse   QUOTE (JC21 @ Tue, 28 Mar 2017 - 16...   Tue, 28 Mar 2017 - 21:07
|- - JC21   QUOTE (Churchmouse @ Tue, 28 Mar 2017 - ...   Tue, 28 Mar 2017 - 22:34
- - notmeatloaf   It might be worth as suggested speaking to the off...   Tue, 28 Mar 2017 - 21:52
|- - thisisntme   QUOTE (notmeatloaf @ Tue, 28 Mar 2017 - ...   Wed, 29 Mar 2017 - 00:39
- - JC21   QUOTE (peterguk @ Tue, 28 Mar 2017 - 19...   Tue, 28 Mar 2017 - 21:52
- - Logician   If you opt for a trial your wife will be sent a co...   Tue, 28 Mar 2017 - 22:15
|- - JC21   QUOTE (Logician @ Tue, 28 Mar 2017 - 23...   Tue, 28 Mar 2017 - 22:52
- - JC21   I know I'm clutching at straws here but I...   Wed, 29 Mar 2017 - 08:40
|- - thisisntme   QUOTE (JC21 @ Wed, 29 Mar 2017 - 08...   Wed, 29 Mar 2017 - 08:44
|- - JC21   QUOTE (thisisntme @ Wed, 29 Mar 2017 - 0...   Wed, 29 Mar 2017 - 08:48
- - The Rookie   Ignoring that they can't correct a CoFP, the ...   Wed, 29 Mar 2017 - 08:50
- - nigelbb   I know it's the magistrates court but the onus...   Wed, 29 Mar 2017 - 10:24
|- - JC21   QUOTE (nigelbb @ Wed, 29 Mar 2017 - 11...   Wed, 29 Mar 2017 - 12:02
- - brandon   This is the worrying issue for me. There are goi...   Thu, 30 Mar 2017 - 07:59
|- - spanner345   QUOTE (brandon @ Thu, 30 Mar 2017 - 08...   Thu, 30 Mar 2017 - 09:30
|- - brandon   QUOTE (spanner345 @ Thu, 30 Mar 2017 - 1...   Thu, 30 Mar 2017 - 10:37
|- - BaggieBoy   QUOTE (brandon @ Thu, 30 Mar 2017 - 11...   Thu, 30 Mar 2017 - 10:48
|- - typefish   QUOTE (BaggieBoy @ Thu, 30 Mar 2017 - 11...   Thu, 30 Mar 2017 - 10:51
|- - brandon   QUOTE (BaggieBoy @ Thu, 30 Mar 2017 - 11...   Thu, 30 Mar 2017 - 10:59
- - Logician   A discussion for the Flame Pit, I think.   Thu, 30 Mar 2017 - 11:09
- - southpaw82   Very much so, particularly as the assumption is ...   Thu, 30 Mar 2017 - 11:42
- - glasgow_bhoy   JC21- was your wifes car equipped with Bluetooth? ...   Thu, 30 Mar 2017 - 19:57
- - southpaw82   QUOTE (JC21 @ Wed, 29 Mar 2017 - 13...   Thu, 30 Mar 2017 - 21:02
- - JC21   Thanks very much for the advice and replies so far...   Thu, 30 Mar 2017 - 23:44
|- - peterguk   QUOTE (JC21 @ Fri, 31 Mar 2017 - 00...   Fri, 31 Mar 2017 - 00:17
||- - JC21   QUOTE (peterguk @ Fri, 31 Mar 2017 - 01...   Fri, 31 Mar 2017 - 00:38
||- - notmeatloaf   QUOTE (JC21 @ Fri, 31 Mar 2017 - 01...   Fri, 31 Mar 2017 - 21:01
|- - Logician   QUOTE (JC21 @ Fri, 31 Mar 2017 - 00...   Fri, 31 Mar 2017 - 00:38
- - The Rookie   It wouldn't prove if you wife called a number ...   Fri, 31 Mar 2017 - 07:41
- - BertB   Retrieving voicemail would show up on the phone lo...   Fri, 31 Mar 2017 - 09:01
|- - The Rookie   QUOTE (BertB @ Fri, 31 Mar 2017 - 10...   Fri, 31 Mar 2017 - 10:25
- - southpaw82   I doubt the police will make the enquiry in relati...   Fri, 31 Mar 2017 - 10:11
- - Unzippy   All you need to prove it that she wasn't holdi...   Fri, 31 Mar 2017 - 14:06
- - DKCC   Just out of interest, can your wife recall whether...   Fri, 31 Mar 2017 - 14:12
|- - baggins1234   QUOTE (DKCC @ Fri, 31 Mar 2017 - 14...   Fri, 31 Mar 2017 - 15:51
- - JC21   Good evening, Once again sincere thanks for your ...   Fri, 31 Mar 2017 - 16:49
- - JC21   Just to add, I've been going over this with my...   Fri, 31 Mar 2017 - 17:35
- - The Rookie   You have to work on reasonable doubt, it's a s...   Fri, 31 Mar 2017 - 20:31
|- - Churchmouse   QUOTE (The Rookie @ Fri, 31 Mar 2017 - 2...   Sat, 1 Apr 2017 - 15:39
- - DancingDad   Don't know that it is that relevant but knowin...   Sun, 2 Apr 2017 - 11:15
- - JC21   Good afternoon Just a quick update, Not much to a...   Tue, 23 May 2017 - 13:08
- - JC21   Good evening, Just to update you on where this (f...   Tue, 5 Dec 2017 - 17:33
- - NewJudge   Good result. Courts do work sometimes Thanks ...   Tue, 5 Dec 2017 - 18:07
- - StuartBu   On one hand a welcome result but I'm sure on t...   Tue, 5 Dec 2017 - 18:14
|- - JC21   QUOTE (StuartBu @ Tue, 5 Dec 2017 - 18...   Tue, 5 Dec 2017 - 18:28
- - Del76   Well done and a good and fair result it would seem...   Tue, 5 Dec 2017 - 18:30
- - southpaw82   Sadly not unusual. I find that the vast majority o...   Tue, 5 Dec 2017 - 18:32
- - Del76   I'm not anti police I have no problem with the...   Tue, 5 Dec 2017 - 18:41
|- - peterguk   QUOTE (Del76 @ Tue, 5 Dec 2017 - 18...   Tue, 5 Dec 2017 - 18:53
- - Ocelot   An ultimately satisfying outcome.   Tue, 5 Dec 2017 - 19:23
- - Del76   indeed, and that is vital, but without corroborati...   Tue, 5 Dec 2017 - 19:26


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