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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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What outcome could have happened if somebody been filmed watching

Resolved Question:

What outcome could have happened if somebody been filmed watching video while driving even though he is keep denying he wasn't watching video he was concentrating on driving and didn't realise video kept running while he was driving
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi
I don't know what sort of information you need . A radio reporter sat in back of my taxi and filmed me driving some sort of program was playing on my phone while I was taking them to home I didn't realise that programe kept playing . Couple of days later reporter catch me on taxi rank and ask few question than they air the programe on radio than on TV than in paper they showed my name and picture every where without my consent. I'm really worried about it is police going take any action against me or not I don't know what will happen next I'll loose my taxi licence or not what is the worst scenario I'm going to face please advice me what can happen next . I have been victimised by media and lost all my credibility in community and family can't find nowhere to hide myself. I'm 100% sure I wasn't watching movie while driving . Unfortunately it kept runing even I switched it off when start driving.
Expert:  Jo C. replied 2 years ago.
Is there any reason you think they would take action against you? For what?
You weren't operating the camera?
Customer: replied 2 years ago.
No I was not operating the camera or anything else I was just driving and concentrating on the road but reporter is blaming I was watching movie while driving her home which is not true . Because it comes in public media showed on news every where that's why I'm worrying may be somebody reported it to police or city council . Because of public media vibe they might take action against me . That's I'm asking what could have happened next.
Expert:  Jo C. replied 2 years ago.
I see what the allegation is.
On your version of events you have not committed an offence.
If this person is saying that you were watching a film whilst driving then obviously that would be an offence. It is quite unlikely that the police will act upon it though unless they themselves witnessed it.
If they do then they could prosecute you for driving without due care and attention which carries 3-9 points or a potential ban and a fine.
This person could complain to the city council but that would not lead to the revocation of your licence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
My mobile was holding on wind screen where sat nav stick usually they have got recording as evidence video was playing while I was driving . They are saying I was watching that video and I'm saying I was not watching . There wasn't any accident involve no signal jumping no emergency stop didn't took them to wrong destination or not woobling on road how can they say I was watching video but they got recording that video was playing when taxi was running on the road. I can just deny on the base of facts I stated above but can't prove I was not watching the video on mobile holding on wind screen where sat nav goes.
Expert:  Jo C. replied 2 years ago.
No, nobody can ever prove a negative.
It comes down to your denial in the face of their affirmation and ultimately it is for them to prove what they allege.
Customer: replied 2 years ago.
One thing very disturbing for me they showed my picture and name on news . I don't how can they do this to me before it's been proven by any leagle prosecutors any court or any department . I'm very scared to go in to public because every body knows me and I have to explain wvery single individually . I don't think they can give my name in media before any court declare me guilty what would you say about this. I mean can they show my picture and name in news ?
Expert:  Jo C. replied 2 years ago.
There is no reason they cannot use this information I'm afraid.
The press do not need consent to report unfortunately.
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