FabSwingers.com > Forums > The Lounge > 6 points for driving on phone need help!!
6 points for driving on phone need help!!
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By (user no longer on site) OP
over a year ago
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Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court |
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By (user no longer on site)
over a year ago
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Unless they have any kind of proof, like a call or text record from your provider, I'd say it'd be pretty difficult for them to charge you with anything.
Caveat: Not a lawyer nor a holder of any legal qualifications  |
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By (user no longer on site)
over a year ago
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They have to prove it without any evidence or witnesses it shouldn't be a problem .. plus your call records or messages would prove you weren't they are time stamped x |
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By *anky_PankyWoman
over a year ago
Filthy Fuckeryville |
"Unless they have any kind of proof, like a call or text record from your provider, I'd say it'd be pretty difficult for them to charge you with anything.
Caveat: Not a lawyer nor a holder of any legal qualifications "
This. Get the exact time and date of offence and speak to your phone provider to show you weren't making a call, sending a text or using data |
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By (user no longer on site)
over a year ago
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They will check your phone records so if you weren't on you're phone then contest it!
If you were then suck it up and learn from your mistake.
Risking your own life is one thing, risking that of others should be an instant ban as far as I'm concerned.
Good luck op. |
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Fight that he's got to produce concrete proof , like they caught me last doing 109 so I'm fucked!! Bit could have been worse he said he was following for me for 3 miles thank god becasue if it was longer I think they. Would have thrown the book at me |
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" You give scant details. Are you saying you weren't holding your phone at all or simply not talking into it? "
Agree. Even touching a phone is now against the law I beleive.. not just talking and texting. |
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" You give scant details. Are you saying you weren't holding your phone at all or simply not talking into it?
Agree. Even touching a phone is now against the law I beleive.. not just talking and texting."
That's true even if the phone is off you can't touch it |
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By (user no longer on site) OP
over a year ago
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The phone was in my gym bag I've requested my records from EE who said will take 7 days however I've spoken to a few Solictors who I found online and they have all pretty much said the police are clamping on it and it's a big concern at the moment so the courts will favour the police officer |
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By (user no longer on site)
over a year ago
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"His saying I had my mobile in my hand "
The offence is using a mobile communication device ...not necessarily just talking.
If you had it in your bag and your records show you haven't used it then you're fairly safe. I'm surprised they didn't ask to see your phone.
As for their word being worth more than yours that's not true. It's proof beyond reasonable doubt. They believed they saw you using it but that alone won't necessarily convict. |
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By (user no longer on site)
over a year ago
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"The phone was in my gym bag I've requested my records from EE who said will take 7 days however I've spoken to a few Solictors who I found online and they have all pretty much said the police are clamping on it and it's a big concern at the moment so the courts will favour the police officer "
Big shitter then. I'd be kicking right off! Like literally going to the station |
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By (user no longer on site)
over a year ago
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The UK Justice system is based on the premise that a person is 'Innocent until proven guilty' and therefore it is the responsibility of the Police to prove your guilt - however, if you can provide records from your provider that prove you were not using your device at the time, that will help to call the officers integrity into question. |
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By *eerobCouple
over a year ago
solihull |
"His saying I had my mobile in my hand
The offence is using a mobile communication device ...not necessarily just talking.
If you had it in your bag and your records show you haven't used it then you're fairly safe. I'm surprised they didn't ask to see your phone.
As for their word being worth more than yours that's not true. It's proof beyond reasonable doubt. They believed they saw you using it but that alone won't necessarily convict."
Op if your phone was in your bag the n presumably when you we're stopped and the officer stated he, saw, you using it I presume you showed him that the phone was in your bag... Or was your bag on the passenger seat?? What could he have seen you doing to lead him to believe you we're using your phone? |
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By (user no longer on site) OP
over a year ago
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"His saying I had my mobile in my hand
The offence is using a mobile communication device ...not necessarily just talking.
If you had it in your bag and your records show you haven't used it then you're fairly safe. I'm surprised they didn't ask to see your phone.
As for their word being worth more than yours that's not true. It's proof beyond reasonable doubt. They believed they saw you using it but that alone won't necessarily convict."
other people I've spoken to have had there cars searching to prove there was a phone there and the police have even looked at the phone log none of this was done with me |
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By *eistreMan
over a year ago
London/Norfolk |
"I think it was Jimmy Carr who got away with it by asking the policeman if he could have been entirely certain he wasn't using his phone as a dictaphone to record a joke."
He also had a shed load of money and a bloody good brief.
And just because he was cleared in court doesn't mean he wasn't committing the offence and putting other road users at risk. |
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By (user no longer on site) OP
over a year ago
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My phone was in my gym bag on passenger seat of the van I was driving , the officer who caught me was on a push bike plain clothes he radioed it over and two officers in uniform then pulled me over and asked me to follow them to a car park. Once I got there there was about 6 other drivers and loads of people they had apparently been doing an operation on tackling down on phone crime . I never seen this officer again but I did make it clear to the officer processing me that I wasn't on my phone to the point where he told me I had to calm down and I would get my court date in the post |
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By (user no longer on site)
over a year ago
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"The UK Justice system is based on the premise that a person is 'Innocent until proven guilty' and therefore it is the responsibility of the Police to prove your guilt - however, if you can provide records from your provider that prove you were not using your device at the time, that will help to call the officers integrity into question."
I know it's a hot topic with the law right now but the policeman has to prove beyond reasonable doubt that it actually happened. |
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By (user no longer on site) OP
over a year ago
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Nothing at all was in my hands any of the time , the office at the car park radioed over to ask if they could search my car I didn't hear the reply but they never searched it |
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By (user no longer on site)
over a year ago
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"His saying I had my mobile in my hand
The offence is using a mobile communication device ...not necessarily just talking.
If you had it in your bag and your records show you haven't used it then you're fairly safe. I'm surprised they didn't ask to see your phone.
As for their word being worth more than yours that's not true. It's proof beyond reasonable doubt. They believed they saw you using it but that alone won't necessarily convict. other people I've spoken to have had there cars searching to prove there was a phone there and the police have even looked at the phone log none of this was done with me "
My brother was stopped as a PC believed he was on his phone whilst driving. He actually had his elbow resting on the window & his hand on the side of his face due to being stuck in traffic.
She swore he had been on the phone, he said prove it.
They asked for his phone & checked it.
No communication for the last half hour he'd been driving.
She got snotty but without proof, couldn't do a thing! |
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"My phone was in my gym bag on passenger seat of the van I was driving , the officer who caught me was on a push bike plain clothes he radioed it over and two officers in uniform then pulled me over and asked me to follow them to a car park. Once I got there there was about 6 other drivers and loads of people they had apparently been doing an operation on tackling down on phone crime . I never seen this officer again but I did make it clear to the officer processing me that I wasn't on my phone to the point where he told me I had to calm down and I would get my court date in the post "
Hang on fellas; " THE OFFICER WHO C A U G H T ME....."?! fuck me sideways mate  |
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If you know for sure you wasn't on the phone I would take it to court. They will log the seriel number on your phone, look at the time and date they are saying you was on it. If you wasn't on it your in the clear. So ye go for it |
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You can ask for phone records all you like. All they prove is that you weren't texting, making a call or on Fabswingers. They don't prove you weren't changing your music or playing Candy Crush. Equally as chargeable. |
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It's feasible that people could have more than one mobile, as some fab users have a meet burner phone payg and another that's their main one. Obviously most people don't and you're at least collecting records from EE.
It's poor that the police are so pushed to record these offences that they are being sloppy, pulling over people who aren't using one.
I think it's correct now that merely holding / touching a phone carries this offence, as it could increasingly be one persons word against another's.
Good luck op. |
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"His saying I had my mobile in my hand
The offence is using a mobile communication device ...not necessarily just talking.
If you had it in your bag and your records show you haven't used it then you're fairly safe. I'm surprised they didn't ask to see your phone.
As for their word being worth more than yours that's not true. It's proof beyond reasonable doubt. They believed they saw you using it but that alone won't necessarily convict. other people I've spoken to have had there cars searching to prove there was a phone there and the police have even looked at the phone log none of this was done with me
My brother was stopped as a PC believed he was on his phone whilst driving. He actually had his elbow resting on the window & his hand on the side of his face due to being stuck in traffic.
She swore he had been on the phone, he said prove it.
They asked for his phone & checked it.
No communication for the last half hour he'd been driving.
She got snotty but without proof, couldn't do a thing! "
Actually my 89 yr old father was 'caught' and not only was he not on the phone, and not in the vicinity, he'd never even been there in his life!!! The officer must have taken the licence plate down wrong or someone is using it! Luckily he as at an appointment somewhere else that afternoon. |
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By (user no longer on site)
over a year ago
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"Unless they have any kind of proof, like a call or text record from your provider, I'd say it'd be pretty difficult for them to charge you with anything.
Caveat: Not a lawyer nor a holder of any legal qualifications
This. Get the exact time and date of offence and speak to your phone provider to show you weren't making a call, sending a text or using data "
.
Best advice is this! |
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By (user no longer on site)
over a year ago
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"My phone was in my gym bag on passenger seat of the van I was driving , the officer who caught me was on a push bike plain clothes he radioed it over and two officers in uniform then pulled me over and asked me to follow them to a car park. Once I got there there was about 6 other drivers and loads of people they had apparently been doing an operation on tackling down on phone crime . I never seen this officer again but I did make it clear to the officer processing me that I wasn't on my phone to the point where he told me I had to calm down and I would get my court date in the post
Hang on fellas; " THE OFFICER WHO C A U G H T ME....."?! fuck me sideways mate "
Just a figure of speech! |
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By (user no longer on site)
over a year ago
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"Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court "
Sadly this has happened to me too.
My phone fell out of my pocket into the drivers footwell, I bent down to pick it up and I got pulled over. The officer asked me to get out and sit in his van. As I'm sat in the van I explain what had happened and I pulled my phone out and showed him that the phone was still connected to the car.
Written across the screen in big letters was Connected to MB Bluetooth!!
I protested only to be told that simply having my phone in my hand was enough to prosecute.
4 points and a £125 fine. The real kick in the teeth was the £400 costs. |
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"Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court
Sadly this has happened to me too.
My phone fell out of my pocket into the drivers footwell, I bent down to pick it up and I got pulled over. The officer asked me to get out and sit in his van. As I'm sat in the van I explain what had happened and I pulled my phone out and showed him that the phone was still connected to the car.
Written across the screen in big letters was Connected to MB Bluetooth!!
I protested only to be told that simply having my phone in my hand was enough to prosecute.
4 points and a £125 fine. The real kick in the teeth was the £400 costs. "
While I sympathise with the whack you got, the point is that your manouvre/ bending etc, meant your attention was compromised. Harsh but thankfully, you did not plough into a young family. |
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"My phone was in my gym bag on passenger seat of the van I was driving , the officer who caught me was on a push bike plain clothes he radioed it over and two officers in uniform then pulled me over and asked me to follow them to a car park. Once I got there there was about 6 other drivers and loads of people they had apparently been doing an operation on tackling down on phone crime . I never seen this officer again but I did make it clear to the officer processing me that I wasn't on my phone to the point where he told me I had to calm down and I would get my court date in the post
Hang on fellas; " THE OFFICER WHO C A U G H T ME....."?! fuck me sideways mate
Just a figure of speech!"
A Level English: caught between a rock and a hard place.....figure of speech ( tough choice).
The officer who caught me: figure of speech meaning (?????????)
Just saying..... |
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"Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court "
It depends if your phone was connected if you sent a text, if you had the internet on or made a call. If you deny the offence and they get records from your phone provider then you will find the outcome worse you might just be better taking the 6 points. |
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By (user no longer on site)
over a year ago
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"I think it was Jimmy Carr who got away with it by asking the policeman if he could have been entirely certain he wasn't using his phone as a dictaphone to record a joke."
.
Why didn't they just change the charge to careless driving then if he's admitting holding a Dictaphone and reciting jokes while driving?.
Although Jimmy does seem to have a good record of getting off illegal activities |
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"Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court "
was your phone in your hand? |
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By (user no longer on site)
over a year ago
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I smiled at this bit...' I did make it clear to the officer processing me that I wasn't on my phone to the point where he told me I had to calm down'....
So you kicked off then? |
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Phone records prove nothing. If the phone was in your hand you are busted.
In a magistrates court the judge will believe the copper over you.
It would have helped if the other copper didn't have to tell you to calm down. |
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By (user no longer on site)
over a year ago
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If you are on android you can take a screenshot of your phones up time and all sort of stats that shows when things like gps, battery, charging, voice calls.... And more has been used.
If you know the exact time that you got stopped then you can show the screen
But do it quick cus it last 24 hours |
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"The phone was in my gym bag I've requested my records from EE who said will take 7 days however I've spoken to a few Solictors who I found online and they have all pretty much said the police are clamping on it and it's a big concern at the moment so the courts will favour the police officer
Big shitter then. I'd be kicking right off! Like literally going to the station "
And how would that help? |
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"I think it was Jimmy Carr who got away with it by asking the policeman if he could have been entirely certain he wasn't using his phone as a dictaphone to record a joke."
The law has changed since then.
The offence is holding/using a hand held device. So it includes satnavs, phones etc even if they are in a cradle.
Anything that takes your attention off the road can be classed as without due care and attention, eating, drinking, reading a map, smoking etc the list is endless... |
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By (user no longer on site)
over a year ago
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How does a phone slip out of you're pocket when you're sat down? And have been sat down for some time ?
Something falls into you're footwell you just pull over and then retrieve it.
The one rule I don't be by is that my phone is either in my pocket or on charge name is connected by Bluetooth so don't need to touch it.
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By (user no longer on site)
over a year ago
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"Hello all ,
Has anybody been caught driving whilst on the phone and contested it at magistrates court . Mr plod is adamant he caught me on the phone when I wasn't and it was only him as a witness so it's my word against his although I know his carries a lot more weight in court "
what was time on the ticket and then check phone history because they will |
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