Charged with Mobile phone offence and didn't do it.

[D1ngle]

Hi I would appreciate any response or direction please...

 

Back in November 2014 I was pulled over and told I was seen using a mobile phone by a Policeman on a bridge.

I denied this and when asked "do you know why I was pulled over", I answered "no".

 

 

When told I was "seen holding a mobile phone, which constitutes use"

I denied it immediately as pretty sure I hadn't been on a phone.

 

 

I couldn't understand why I would be pulled over and said

"maybe I had a CD in my hand and changed the radio, but I don't even think I did that".

I was issued a ticket.

 

Later I thought it was most likely because I was using my large screen mobile as a Sat Nav

and had it in my drinks holder and when I am driving I often have my left arm on the rest

and my hand is 5 inches from the phone in the drinks holder.

 

 

It was a three hour drive so when I say "pretty sure I'm innocent" I mean 100%

I can't recall being on a phone, but after 3hrs and the police telling you you were you doubt yourself.

 

I was sent a form saying I could go to education classes but ignored it as I felt I wasn't on the phone and am innocent

 

I have now been charged and asked to attend magistrates in September (200 miles away).

 

I have looked at the Witness statements and one officer is saying he clearly saw me with my mobile phone to my ear as opposed to just holding it.

The one who pulled me over is missing out most of the conversation and just saying she charged me and that I replied "I must have had a CD".

 

The witness statements were written just a few weeks back so 5-6months after the event.

 

I have just checked my phone bills and I have no outbound calls at the time of the offence,

but my phone company cant get the inbound (which Im sure would be clear).

 

I intend to say I am not-guilty, but would welcome advice. I have to send off a document saying "not guilty"

and then attend on a different date.

 

 

My specific questions would be:

 

1) It's my word against the Police so in a magistrates would I ever get found innocent?

He's now saying not just in hand but I was on the phone.

It's a lie as I was told seen "in hand".

Seems they make up the evidence in order to convict!

 

2) If I plead not guilty does it go back before a CPS to review evidence or will it 100% go to Court (200miles away)?

 

3) If it does go to a CPS before a Court date

can I send my evidence e.g. a Pic of the phone in the Drinks holder

and also the phone bill with the hope of it being dropped as I can't see how any real evidence is put forward

e.g. phone bill shows no call, 30-40mph road and I have a big screen mobile sitting in my cup holder

that could easily be mistaken as in my hand at those speeds (but not at ear).

 

4) If I go not guilty then I guess I need a solicitor? I could do without the cost. And the cost of the solicitor is probably more than the fine!

 

Any advice welcome!

 

Thank you

 

 

D

[citizenB]

There must be some way of finding out if someone called you (or not) at the time the police say they saw you.

 

You say their witness statements were written just a few weeks back - does it tally with their pocket books ?

 

I will try and find someone who can help.

[D1ngle]

There must be some way of finding out if someone called you (or not) at the time the police say they saw you.

 

You say their witness statements were written just a few weeks back - does it tally with their pocket books ?

 

I will try and find someone who can help.

 

Thanks for the reply.

 

I have my phone bill and I didn't make a call. I am trying to get the one for inbound calls.

 

I just have single page statements and I don't know about the pocket book.

 

I called a solicitor and it may cost £1200 to defend! I should have just gone on the course....

 

I may just admit guilt and get 3 points and a 300quid fine. Saves me money.

 

It's not really justice though!

[SabreSheep]

Factor in the cost of increased insurance premiums in your reasoning

[Billy's mate]

If you can prove that you did not make a call, then surely it's up to the Police to PROVE that you received one ?. They would have to get the records from the 'phone provider/s. Remember, it's up to them to prove you're guilty, not for you to prove your innocence. Should make an interesting Court case !

[DragonFly1967]

Under the regulations surrounding driving and mobiles, "use" is not restricted to the making and receiving of calls or texts.

 

People have been done in the past just for holding the phone or for checking the time. It's a very difficult one to disprove.