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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was stopped by the police at a controlled police stop (one

Customer Question

I was stopped by the police at a controlled police stop (one officer further down the road from the stop area. I was informed that he saw me using my mobile phone. from the footpath he must have been 6mtrs away and said that I had my phone in my hand and "was using it"
I find it hard to believe that 1. he could see in the car from that distance 2. the angle that he was at compared to the car height wise 3. the phone was on charge in my cup holder
I have the data to prove that the phone was not in use at the time I was pulled over. I also asked to dealt with under PACE and at that point the police officer informed that I was being dealt with under PACE, was then cautioned but not offered a copy of PACE to read. When I checked the FPN I noted that the date was incorrect.
Do I have a case to appeal?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Were you using a phone?I don't mean just making calls but any of the other features?
Customer: replied 8 months ago.
No I was not using my phone it was stored in my cup holder on charge
Expert:  Jo C. replied 8 months ago.
What might they have seen that would have caused them to be mistaken?
Customer: replied 8 months ago.
When stopped I was informed that an officer down the road saw me with the phone in my hand,
as stated the phone was in the cupholder on charge.
I was also in a queue of traffic and had my Arm was resting on the centre console of the car the cupholder is next to the centre Console.
I still think from the distance that the officer was standing at the could not see into the car with any clarity. He may have seen me looking at my satnav which is on the dashboard of the car (Audi A6).
Expert:  Jo C. replied 8 months ago.
Why was it in your hand?
Customer: replied 8 months ago.
The phone was not in my hand the officer said he saw me with it in my hand, The officer was alone with no other officers to verify his story
Expert:  Jo C. replied 8 months ago.
Ok. So why would he have been mistaken?
Customer: replied 8 months ago.
I do not know the answer to that, the only thing I can think of is that where my arm was resting the cupholders are right next to The armrest, he may have thought that I was using my phone? again this was not the case. does the officer need a witness to what he says he saw?
Customer: replied 8 months ago.
Just to let you know the Audi A6 has the idrive system which is located next to the cupholders next to the armrest the idrive is controlled using one large button. I remember at the time I was looking at my satnav and controlling it with the idrive system to check what time I would arrive at an appointment
Expert:  Jo C. replied 8 months ago.
No, they can prosecute on his evidence. In fact, Magistrates do generally prefer the evidence of police officers to that of defendants. One of the problems is that he has no reason to lie really. Officers do lie sometimes but not usually about somebody that they do not know and has not given them any reason to be aggrieved. I'm afraid that the view you are describing is not one that would render the Magistrates instantly to be suspicious. The officer will say that he is a trained observer and that could well be accepted. PACE has no relevance here really. You can always challenge this. It is a factual test. But you should understand the risks. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
yet again it seems that the general public are being persecuted by traffic officers who seem to be able to get away with their side of the story. I do feel aggrieved at this because I was genuinely was not using my phone and I would be willing to testify this in court under oath having done further investigation I cannot afford the possibility of being £1000+ So it looks like yet again the police are going to win this one and I will have to accept the decision!!!! As stated I am generally not happy.thank you for your advice kind regards
Expert:  Jo C. replied 8 months ago.
No problem.All the best.

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