Hi everyone,
Well we went to the magistrate court today and....... We won.
We went along today feeling quite confident but a little apprehensive as my husband was representing himself. Both the PC and PCSO had turned up. We was waiting for 3 hours before we actually went into the court room,,,,sat in a waiting room with the coppers!
The judge allowed me to sit with my husband to assist him when he has to put questions to the PC and PCSO.
They had a solicitor.
First up was the PCSO who said she was practically 3 lengths of the room we was in,to witness my husband on the phone. When she was acting as a spotter. The judge said..so about 100feet away..in amazement and she said yes! Now that is far!!!! Then she said how she was stood on the left side of the van mh was in. And seen him clearly on the phone.
My husband said yes he was on the phone. He was talking via the Bluetooth system in the car. One hand on the steering wheel and one arm resting on the window with his hand at the side of his face as he was driving at such a slow pace. The phone was in a cradle.
So onto the PC.
He was quite flustered on the off. He just didn't seem prepared for the questions his own solicitor was going to ask him. There was a few discrepancies the judge picked up on too. When my husband was told to pull over last aug he tried to demonstrate how the Bluetooth system worked. Soon as the engine is on,the phone straight away pairs up to the in car system. The PC wasn't interested and demanded for him to pay the fine and take the points. He wasn't ready to listen to my husband. He hadn't seen my husband with the device in his hand at all but did lie and say the phone was on his lap. At this point the Judge cut in and said how the phone could be anywhere in a car..on a lap,on the floor,on a seat,in a cradle...anywhere BUT in a hand whilst driving. So for the PC to say it was in his lap didn't make any difference to the judge.
There's was other things the PC failed to answer to too. At this point he was sweating. When it was our turn to ask questions my husband asked 'did you see me driving with the phone in my hand' 'did you let me demonstrate how the Bluetooth system worked?' Then 'what did you say to me about paying the fine' he said he didnt remember word for word so my husband said 'I remember we'll word for word what you said that day as I wrote it down straight away,you said You might a swell pay the fine and take the points,as I get paid no matter what for attending court and you probably wont and will lose a days wage so save yourself all the earache and pay it' At this point the PC looked incredibly embarrassed. I'm so glad he said this as it was in my eyes...a bullying tactic.
Now it was my husbands turn. He just told the truth. Yes he was on the phone,via the Bluetooth. He did everything the PC said except pay the fine etc. Their solicitor asked 2questions and tried her best to get him to panic or fluster but he had no reason too as he did nothing against the law. She said the PCSO DID see you on the phone didnt she??? My husband said Yes she did see me talking whilst on the phone...via the Bluetooth.
There wasnt anything more for her to say.
At this point the Judge came to the end and stated.. '''how my husband had never denied he was on the phone. But he was doing it via his Bluetooth. He was resting his arm to his face as he was driving at crawling pace due to the very slow traffic. He said how the PCSO might have in her own defence,truly thought she'd seen his phone at his ear but from such a distance and as the van had no window at the back it was very unlikely. He said how the PC stated the phone was on his lap..but that makes no difference, it wasn't in his hand. He said how my husband could've paid the fine and took the points but he didn't and attended court today,represented himself to prove he wasn't guilty of this offence. Therefore he acquitted the case in my husbands favour!
So so glad we stuck to our guns and carried on. We had had so many letters offering us 'one last chance' to pay the fine and take the points. And at times..usually after I'd sent them the no reply...I would panic. Waiting in court today on our own whilst the police had their own solicitor with them frightened me a little. And I would have little doubts that were going to lose. But thankfully we did well and the judge listened to our side.
Sorry if I bored you with every little detail but just wanted to share with you how the day went.
Never be bullied into paying a fine and taking points if you know fair well you have done absolutely nothing wrong.
Thanks
