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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hello. I was stopped by the police near Dundee on Friday last

Customer Question

Hello. I was stopped by the police near Dundee on Friday last week. I was 'lasered' as I was driving a sports car and appeared to be speeding! I was doing 74 on a dual carriageway. The police were on a overhead bypass and said they saw me holding my phone and texting as I drove below them? I was holding a drinks can not a mobile phone and I have dark glass including the windscreen. I dont use my left hand for mobile texting or anything else. I was charged and have to pay a£100 fine and get three points! I protested by they said one of the colleagues saw me - and I have a noticeable car that is what drew their attention to me. A 20 year old Maxda MX5!!! HELP!EWAN MASON DUNDEE
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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 exactly would you like to know?
Customer: replied 3 years ago.

Hi Jo C.


Yes - I would like to know whether I should challenge this charge - or pay up? I WAS NOT using a mobile phone as that is what was written on the pink form they gave me. They said I was texting - I was not.

Expert:  Jo C. replied 3 years ago.

Well, it depends on the charge. Obviously you don't have any defence to speeding. Its slightly surprising they have chosen to focus on the phone issue and not the speeding unless the gun was not working properly.

If they are bringing a mobile phone charge then you can contest that as you were not using a phone. If this went to court then it could go either way really. Obviously the evidence of officers will be taken very seriously but you are describing a circumstance where they may have been unable to see properly particular in a car moving at speed.

It depends really on your appetite for risk. Obviously if you contest this and lose there could be an onerous costs order against you.

Can I clarify anything for you?

Customer: replied 3 years ago.

I have six points on my licence in the UK - one second through a red light, and another for parking a foot on an area close to a crossing. The latter was not even my car and I jumped into the driving seat to 'looking' after the car when my friend went into a shop! SO should I gamble or not???

Expert:  Jo C. replied 3 years ago.
If this is a mobile phone offence then you would only get three points even if you were convicted after a trial. The risk is costs of a contested trial.

Unless they are going to charge this as driving without due care its not going to lead to disqualification.

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