How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I was stopped by police and accused of talking on my phone.

Customer Question

I was stopped by police and accused of talking on my phone. I can prove from call logs i didn't make a call. But i can't easily prove i didn't receive a call.
I categorically did not use the phone but the two policemen are sticking together in saying they say the phone at my ear. How do i make vodafone produce detailed logs that the police would have access to?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.



What detailed logs are you hoping to produce?
Customer: replied 2 years ago.

vodafone customer service say that they can't give me detail on calls received during the period in question, my phone wasn't in use. I can prove from my bill that i didn't make a call. Vodafone can produce for the police incoming and outgoing call records but won't do the same for me.


I asked the policeman at the side of the road to check my phone. He refused but the written statement from the policeman makes no mention of this. It could have been easily dealt with at the roadside but he had made his mind up that he believed i was using the phone.


 


How much burden of proof is on him. can i forces them to request record from vodafone?


 

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm afraid you have been misinformed.

Vodofone can produce outgoing records easily enough. That is just your phone bill.

What cannot be proven is that you didn't recieve a call. The primary purpose for record keeping is to bill customers. That is why mobile phone companies keep records. They only do that if they can charge.

It is possible to get an expert from the company to comment to a degree about incoming calls. I've often tried to do it with much more serious cases. However, what the expert will say under cross examination is that the fact that there is no record of an incoming call does not mean it was not received.

Mobile phone companies do sometimes keep incoming records but only when they can bill another provider for coming over into their masts. For that reason, the fact that there is no record doesn't mean there was a call received.

If you are intent then you can just ask the court to issue a summons for the managing director of Vodafone and the company will get somebody to court fast enough but its not a good idea.

Can I clarify anything for you?

Jo

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3044
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.