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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice.
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was stopped by a police officer for being on a mobile phone

Customer Question

was stopped by a police officer for being on a mobile phone (very briefly) and was charged with the offence. Due to various issues (post going astray and illness) I didn't substantiate the ticket in time and have received a summons through the post.

On reading the Police officer's witness statement it has one minor inaccuracy - incorrect VRM but also she states that I was using an Apple iPhone and that as she owned one herself was able to see how long I was on the phone for as she didn't believe that it was only a brief call. Also she stated that I accessed my call history to show her when in fact she accessed it herself.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

The officer's witness statement is incorrect for the reasons stated previously but what I omitted to say is that where the officer based her findings on the fact that I was using an Apple iPhone, with which she was familiar, the phone in question was actually a basic Nokia. Also she stated that I accessed the call history when in fact she did it herself.

Expert:  Jo C. replied 3 years ago.
OK.

So what is your question about this?
Customer: replied 3 years ago.

Is the officer's witness statement admissible when it is so glaringly inaccurate?

Expert:  Jo C. replied 3 years ago.
Well, it is admissible.

They cannot just read the statement unless you agree her evidence. If you do not then they will have to call her to give live evidence so you can cross examine her and challenge any inconsistencies.

You can do that as you wish. The only word of caution though is that there is no point in contesting the matter upon points that do no go to the issue. Unless you are denying use of a mobile phone or something else that goes to the issue of the allegation there is realy no point in having a trial on this point. All that will happen is that you will lose, be convicted and have to pay costs.

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