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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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went to court on the 5 june 13 for being on the phone witch

Customer Question

went to court on the 5 june 13 for being on the phone witch i am fighting the police are saying they have video evidance the magestrate told them to send me a copy with in 28 days iask for visual and sound of the interview in the police car they sent me a copy visual only 6weeks later they say i have to get a solicitor tosign for them to send me a copy of the sound video i have sent the cps and magistrate court a letter asking for visual sound recording 3months a go ihave look at the video and cant see anything i amm going to defend my self
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What is the offence you are facing?
Customer: replied 3 years ago.

driving while on the phone what it was was my hands free i was putting down he said he saw a smmall black object whitch was my hand free my phone is red igave him my phone witch he said ihad just ended but he had made the ticket out and said just pay it then he started bully me into paying it thats why iwant the sound video

Expert:  Jo C. replied 3 years ago.
Why do you think the interview will prove anything?
Customer: replied 3 years ago.

when i gave him my phone i said if iwas not telling the truth icould have given you this other phone witch he said you have not used it so if i was not telling you the truth iwould have given you it and he started going on about were imade the call i told him halifax he goggled it on is phone and siad it was 7.5 miles away he went in to my phone and said you must have made the call while driving he said i been on the phone 7 min you cant do that distance in that time i told him it was only 4 miles away when i got my phone back that call was missing from my phone on is charge sheet he put 4miles all this and much more was on that interveiw

Expert:  Jo C. replied 3 years ago.
I'm sorry if I'm missing the point but what does that prove?
Customer: replied 3 years ago.

i t proves the black object was my hands free you can see my phone is red inthe car he was making up excuses you cant see anything on the video witch he was looking through when i got to the car all iwant to nough is can they refuse me the sound video with outgoing through a solicitor why would he tell me he had just come from court had visual on made him look small i will do the same to you when was the last time you went to court whythe hell do i want to no that if he was not trying to bully me into paying the fine

Expert:  Jo C. replied 3 years ago.

You can either submit a defence case statement or make an application to the court for this information.

If you submit a defence case statement they should disclose anything in their possession that undermines their case or assists yours. That is the way it would normally be done.

Since you are a lay person though a Court would probably accept that you wouldn't know you needed to do that though. You can always just ask the court for disclosure order. You do have to show relevance though.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

i made a brief statement and sent a letter requesting visual and recorded evidence before i went to court on the 5 june 13 the magistrate told the cps to send me the video but they have not sent the interview in the car

Expert:  Jo C. replied 3 years ago.
No, I suspect they are saying it has no relevance.

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