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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9778
Experience:  I have been practising for 30 years.
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I have been stopped twice by police in the last week and

Customer Question

Hi I have been stopped twice by police in the last week and have been given two tickets for using my phone whilst driving. They have no video evidence of my using it so it is my word against there. Plus i wasn't actually using the phone to make any calls or txt so I can get evednce of my network provider to prove that. What chance do I stand in court ?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

I’m sorry to have to tell you that even without video evidence, the magistrates will simply take the police word for it unless you have evidence to the contrary. You may not have been making a call on the phone to make telephone calls or texts but it appears that you had it in your hand and were “using it”.

You can try that angle if you want to go to court but I’m afraid it’s unlikely to succeed as a defence.

If you do go to court and you are still found guilty, you would not only face a higher fine also prosecution costs.

I’m sorry, I wish the answer was more favourable but that is the view that the magistrates will normally take. They do believe the police.

The other thing of course is that you have admitted that you were using the phone and I cannot therefore suggest that you plead not guilty because that would be perverting the course of justice.

Can I clarify any points arising from this?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
Wouldn't my network provider be able to provide me with evidence to proof my phone wasn't actually in use?
Expert:  F E Smith replied 1 year ago.

You are not being prosecuted for making a call or sending a text, you are being prosecuted for using the phone. You don’t have to actually be making a call or sending a text to use the phone because you could be using it for a whole variety of purposes, play music, receive emails, play games, etc.

Your network provider will not get involved with proving that there were or were not incoming calls. Your bill will only show outgoings, not incoming

By all means try it, but be prepared for the worst.