Get a solicitor
He will then sort it.
If they are trying it on they will not take it to court
If ony the other hand they want to prosecute then you'll end up with statements being sent to solicitor, the cost of police attending court and the likelihood of a big fine costs and the solicitors bill.
At this point plead guilty and its still ost you more than the MTFU
Not using mobile phone in car but pulled anyway
Get a solicitor
correct me if im wrong but op said he moved phone from door pocket (right hand side of driver) to centre console (left hand side). so phone picked up with right hand and passed to left hand (at which point there are no hands dedicated to being in control of the steering wheel) or right hand stretches over the front of drivers body to deposit phone on centre console which I can easily see affecting the drivers ability ot control the vehicle. Either way, I can easily see a "not in control" offence.
Fight it and let us know how much it costs.
Go and time how long it takes you to move your phone from the door pocket to the centre console. Would you drive with your eyes closed for that length of time on the same road in the same road conditions? No? Neither would I. Take the punishment and learn from it.
It's up to the CPS to prove your guilty - so they must provide evidence of you making/receiving calls at the time of the alleged offence. They would need to ask your operator to provide logs.
You may have to submit your mobile as evidence, so their forensics team can determine if you have deleted call records from the handset.
No, the evidence of an officer is enough to convict. The officer believed you were on the phone so you're sadly guilty in the eyes of the law, you have to prove your innocence.
You would have to convince a magistrate that the officer was mistaken.. Not lying, mistaken. You would have to pay all costs to provide your own evidence, I don't think you can claim that back.. A solicitor will cost way more than the £80 fine you will receive.
Sorry, but I think you'll just have to swallow this....
if 5 of you sign the petition i'll tell you where martin s is right and where he is wrong.
I love learning, I'm not an expert, just have a passing interest in he subject. So please set me straight...
wrong--burden of proof on police to make magistrate sure of guilt . no burden on defendant to convince anyone just potentialy to raise a doubt.
wrong ---no need to pay costs to provide evidence, OP's word is as acceptable as anyone else's including a police officers.
right---Always best to suggest a policeman is mistaken as opposed to lying for a couple of reasons one evidential one psycological,
right---you can (thanks to Grayling) only cliam back solicitors costs at legal aid rates ie £42 £69 per hour but expect to pay about £350 to £500 for this charged at £120 per hour.
right --probably best to swollow it and go on the course , if course not offered i would suggest fight it but defend it oneself self and not use a lawyer.
you owe me a signature http://epetitions.direct.gov.uk/petitions/48628
Petition signed. 95,056...
This is what can happen when you take your eyes off the road for a few seconds
I'am with glupton on this one
Keep your phone turned off when in the car. Even if it rings or beeps you 'have a need to know'. I do. I admit it.
If its on and rings we tend to look grab it answer whilst looking to pullover. Best turned off full stop.
Infact bin tge shitty things! Ive stopped taking mine on rides as its the only time it doesnt interrupt!
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