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Single Justice Procedure Notice for using a mobils
Bolinger
post Tue, 9 Jan 2018 - 21:20
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Hello everybody, I am hoping someone can advise me what to do.

My boyfriend received a single justice procedure notice for using a mobile phone whilst driving. He was in a traffic and the phone fell whilst he was driving and when stationary he picked it up and looked at the screen to see if there was any damage. He believes that this is what the officer saw him doing. He was not using the phone to send or receive data. He is adamant that there was no interactive communication as the phone was locked at all times.

When he was stopped minutes later he offered his mobile to the police officer for investigating any recent activity ( there was not any, phone was still locked) but they were not interested. From the witness statement there is no description what it is he was doing with the phone other than the suggestion that he moved it from hand-to-hand and he was looking at the screen. However the witness does state that when questioned My boyfriend, he made admissions that he was reading a message.
I need to add here that he has a significant language barrier and that he denies making any such admission.
The police have not taken any details of the phone either.
He was not made aware that any statement was being taken and that anything he was saying can and will be used against him.

He is a professional driver and he never uses his mobile while driving.
We were thinking to pay for a solicitor but at the moment cannot afford to.
6 points on his licence ( he already has 3) might cost him his job as here is a very narrow point margin left to reach 12.
Furthermore I find it very unfair.

I want him to plead not guilty. The case would most likely go to court.
What should I write in response for charges to be dropped?
There is no proof that he was using the phone and the statement should be inadmissable.
Am I right?
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