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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70190
Experience:  Over 5 years in practice
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I am in court in 6 week I was stop for use a phone but the

Customer Question

I am in court in 6 week I was stop for use a phone but the PO charge me for use a electric RAZER the PO witness statement state I was on the phone but the PO says I sed I was have a shave the court paper work all has electric razor on it but the PO don't see this
Can you help
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 would you like to know about this please?
Customer: replied 3 years ago.
I was stop by the police for drive use a phone the police came to my car the phone he sad he saw was plugged in to my hands free but the phone was not on I had a 2 phone but one was black the officer sad I must have a 3 phone with this I sad you can search my car he sed no with this he cautioning me

The office witness statement sad I sad I was use a electric RAZER so I was charge for that all the courts paper say electric RAZER but the police witness statement describe me on the phone they is same more
Expert:  Jo C. replied 3 years ago.
Well, that is obviously a mistake but they will just amend that.

Are you charged with using a mobile phone whilst driving or driving without due care and attention?
Customer: replied 3 years ago.
With out due care attention but I don't drive with a phone or a RAZER the PO has layer
Expert:  Jo C. replied 3 years ago.
Were you using the phone even on hands free?
Customer: replied 3 years ago.
No and the PO checked my phone and sad in he's statement it was not on
Expert:  Jo C. replied 3 years ago.
Were you holding any object?
Customer: replied 3 years ago.
No and I sad to the office I am partially deaf in my left ear so I would no hear the phone and I can a letter from my doctors and I will when this go to court he don't like that
Expert:  Jo C. replied 3 years ago.
There's no point in that. Its rather inconsistent with having a phone at all.

If you the allegation against you is that you were holding some object or another that rendered you unable to control the care with proper care and attention and you can deny that then that is the defence.

The razor likely to be a mistake. They have copied and pasted the charge sheet relating to somebody else and forgot to change it. If its wrong then they will just amend that at court.

You do need to bear in mind that its likely the officer is saying he saw you with something and you will have to run it on the basis that he was mistaken or being untruthful. As a rule it is easier to get magistrates to accept mistake than lies.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
No the PO sad I sad I was use a RAZER but he's witness statement describe me on a phone way don't he chage me whit what he saw
Expert:  Jo C. replied 3 years ago.
Well, as I've said, its probably going to be a mistake.

It might be that you can use that at court to undermine him but I would imagine he will say it was an error.
Customer: replied 3 years ago.
Sorry this are he word
When safe what phone he was using so I could inspect it he replied " I was having a shave I wasn't on the phone he showed me a cordless white handheld razor which was in the door of the door
He demonstrated how he would have been shaving with one hand on the wheel and the other on the moving the RAZER over my face stating that was what I was going when he pass me
This is what the office has write

All of this was a shock to me in he witness statement he sad that he look that my phones I do t no about the RAZER till I was the paper work
Expert:  Jo C. replied 3 years ago.
I'm really sorry but its difficult to follow you?

If the allegation is that you were holding a razor and shaving then its surprising its not a dangerous driving.

In any event, it doesn't change anything. Your defence is that you didn't do it.
Customer: replied 3 years ago.
Last thing the office sad I was on the phone way don't he charge me for that if he's witness statement that what he sad he saw
Expert:  Jo C. replied 3 years ago.
Sorry ?

I'm really sorry but I don't know what you mean? I'm sure its my fault.
Customer: replied 3 years ago.
The PO word
I was in lane 1 when I first saw the vehicle approaching from behind in what was clearly going to rebuilt in an overtake from lane 2 . As the vehicle approached I could see the driver appeared to be holding a white mobile phone in his left hand to he's left ear in what appeared to be in engaged in conversation due to his body language of moving his facial features and looked as if he was talking
As the vehicle pass I had a brief un odstructed view into the vehicle from 2 meters away. In good Clare daylight condition for roughly 2 seconds

So way don't he say I was on the phone this is what he sad he saw

I no way I can show I an partially deaf in that ear
Expert:  Jo C. replied 3 years ago.
You said about that he said you were using a razor?
Customer: replied 3 years ago.
No he said I said I was use a RAZER and that what the court paper say I was doing but the PO said I was on the phone
Expert:  Jo C. replied 3 years ago.
Sorry, don't understand?

In any event, this changes nothing. Whatever the object, the allegation that is made is that you didn't have control over the car.

I imagine its been charged as a driving without due care because they cannot be sure you were using the phone.

Im happy to continue with this but please remember to leave feedback for my answer.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
But I don't do what he said but what am say the PO must charge me for what he see and witness so the paper work must say phone that what he said he saw
Expert:  Jo C. replied 3 years ago.
As I've said above, if there is an error then they will just amend it at court.

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