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fakerolex
Hi all
I was stopped in traffic at a light (3 or 4 cars from front), and had picked my phone up to start playing music. A police car pulled up in the lane next to me to my right. It was slightly in front of of me, and I didn't see how many officers were in it. Basically if there was only a driver, I find it very unlikely he or she would have spotted me. If there was someone in the passenger seat, they possibly would have done. Certainly seen me looking down, if not certain that I was using the phone. If they did, I'm reasonably confident that I had noticed they were there before they could have taken a photo, but maybe not. It was about 9pm, so dim light, but I'd still have been visible,I'd have thought.

They couldn't quite easily have pulled me over, but didn't. Is it likely that I'd have been pulled over if they'd spotted me? Or is it more likely I'd get something through the post?

Edit: I don't believe it was a traffic officer. Not sure if this will make a difference.
southpaw82
I’d imagine they’d have stopped you there and then. There is also some doubt as to whether you were committing the mobile phone offence or not.
speedfighter23
To prosecute you wouldn't they need some sort of proof? Would they risk going to court for them saying I saw a phone and you saying no i wasn't?
fakerolex
QUOTE (speedfighter23 @ Mon, 5 Aug 2019 - 22:20) *
To prosecute you wouldn't they need some sort of proof? Would they risk going to court for them saying I saw a phone and you saying no i wasn't?


That's why I'm questioning whether there was a second officer in the car. If there was one in the passenger sea, it's possible that they could have snapped a photo of me. It would have to have been quick, but it's possible they could have managed it.
speedfighter23
Sounds a bit farfetched although with the punishment so high these days I am paranoid about it too. I think the safest way is to put your phone in the car somewhere safe and secure (cup holder) or GPS holder and not physically carry it at any point. So if you are using it as GPS or to answer calls it's not being carried. 'handsfree'

Although if you are staring it then the police can try and charge you for driving without due care and attention.
southpaw82
QUOTE (speedfighter23 @ Mon, 5 Aug 2019 - 22:20) *
To prosecute you wouldn't they need some sort of proof? Would they risk going to court for them saying I saw a phone and you saying no i wasn't?

Proof, which can be the evidence of a single witness?
speedfighter23
Yes but doesn't the witness need proof to verify his claim or can anyone just say yes they were using a mobile phone, I saw it myself!
southpaw82
QUOTE (speedfighter23 @ Mon, 5 Aug 2019 - 23:19) *
Yes but doesn't the witness need proof to verify his claim or can anyone just say yes they were using a mobile phone, I saw it myself!

A court can (and often does) convict on the basis of the evidence given by a single witness.
DancingDad
I think that the guilty are once more fleeing where no man pursueth.
If the cops did notice and wanted to take action, you would have been pulled there and then.
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