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Incorrectly accused of using mobile phone whilst driving.
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.


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post Tue, 28 Mar 2017 - 15:55
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post Tue, 5 Dec 2017 - 18:53
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QUOTE (Del76 @ Tue, 5 Dec 2017 - 18:41) *
they are then charging based solely on the allegation without any evidence to back it up

Evidence exists in many forms, including witness testimony.

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post Tue, 5 Dec 2017 - 19:23
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An ultimately satisfying outcome.
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post Tue, 5 Dec 2017 - 19:26
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indeed, and that is vital, but without corroboration it can lead to justice being perverted as we are all equal under the law a police officers word should carry no more weight than anyone else's. Two police officers witness the offence then bang to rights. A police officer and a member of the public witness the offence again bang to rights. But in these days of everything being videoed and recorded it shouldn't be too hard to corroborate an accusation.

In this case it appears there were two police officers and only one claimed to of seen it, and they implied they had video evidence to push the accused to fold their hand if they had even the slightest doubt.
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