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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70000
Experience:  Over 5 years in practice
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Hi there,i was pulled over accused of using my mobile whilst

Resolved Question:

Hi there,i was pulled over accused of using my mobile whilst setting off from traffic lights which i opposed,i was told they had video evidence by a spotter at the lights which they would not show me,i asked them to check my call log as i knew my last call was around 25 mins before,again they refused to do this .As far as they was concerned i had been using it and they had to report me for the offence even though i have a hands free kit in my van.Now i have received a letter offering me a fine and points or a driver aware course costing 80 pound.As i dont think i was in the wrong i was just wondering what chance i would have if i take it to court.Also do they have a deadline to act on the offence before its void.I hope to hear from you in due course regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What were you doing with the phone?
Customer: replied 3 years ago.

Nothing i was setting off from traffic lights and it was on my passenger seat

Expert:  Jo C. replied 3 years ago.
Is there any reason these officers would lie about you?

Sometime they do lie but not usually for no reason at all.
Customer: replied 3 years ago.

No i asked them to check call logs and get me the video evidence which they refused

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I'm not sure I can really give you good news here.

The practical reality is that you are asking Magistrates to accept that these officers are lying. There is probably only one officer who actually witnessed this as the other officer will be the driver of the vehicle. You can sometimes win these things on the basis that the officer may have been mistaken but that isn't really your account here. Your account is just simply that they could not have been mistaken and so therefore must have been lying.

It is always possible to put the Crown to proof with these things and cross examine the officer upon his ability to observe from that location. However, its always a risk.

You won't get any more points at court than if you accept the fixed penalty but the risk is costs. If you are convicted after a trial the costs order would probably be about £300 and there would be the fine in addition to that.

You may as well get a log of your calls from your provider if you are going to court but do bear in mind that that doesn't prove that you didn't receive a call or that you weren't using all of the other features of a phone.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Do they have a time limit to act on the offence as this happened in November

Expert:  Jo C. replied 3 years ago.
Six months to lay an information before the court.

They do sometimes forget and it will be the end of the matter if they do.
Customer: replied 3 years ago.

Ok thanks for your help i feel like i am being wrongly treated but the chances are slim against the Police, so i will have to bite the bullet and do the course to avoid the points,thanks again keithCool

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

That is certainly the safer decision here.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70000
Experience: Over 5 years in practice
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