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Full Version: Not on mobile but pulled and could be 12 points!
FightBack Forums > Queries > Speeding and other Criminal Offences
damo322000
Hi All

Driving along having a paranoia moment about a bump in my head. Hand in the wrong place and the police eventually pulled me and accused me of being on the mobile. They were not traffic police and there was two of them in a marked car.

When the first officer told me what i was stopped for i assured him i was not on my phone. I explained i only had my hand up a my head feeling behind my ear and they could check the phone. I even admitted i had two phones in the car and they could check them both (one from work). They agreed and asked me to collect the phones.

The second officer checked both phones of which both were switched off. She questioned some text message from two days before on the first phone. Both phones showed no calls in or out, however the officer felt i could have deleted the call because they did not stop me straight away.

The first officer "wasn't buying it" and next thing i'm in the back of the car, potentially losing my license.

When and if this goes to court i will have an opportunity to gain mobile records for the time in question. Will this be enough? Do they record the time?

Do they/can they check the call records from their end first to save themselves the court case?
jobo
this turning in to a travesty of justice with people being prosicuted for touching their phines never mind using them

they wont check anything ,9 out of ten will fold before court and plead guilty,

seems as they actually accused you of being on the phone, rather than just touching it your in a slightly stronger position


you can get both incoming and out going call records or in your case confirmation that the phones were switched off from the network, though this can be far from easy as they will quote the data protection act at you, however this does not apply to evidence required for court. you need to speak to someone senior

this shpuld go along way to helping win
The Rookie
Being on the phone is 3 points, no more, are you on nine already? If not your post title is confusing.

Simon
damo322000
Oops - sorry about that.

Yes i am on nine points. First three won't be off till March 2010.

2020Hindsight
So have you been given a ticket or just verbally NIP'd?
damo322000
Told the officer i am on nine points. He told me he would be sending a report to the PF. The first officer explained that i was charged with the offence and anything i say may be used a s evidence..... etc. I also had to sign the notes in the first officers' book.

Nothing was given to me
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