i was driving along in my HGV when a unmarked police car pulled me over and said that i was on my moblie phone but when i told them that i wasn't and that i had a hands free kit the policewoman just said i saw you. We argue for about 10 minutes i even went to show her my moblie to prove i wasn't on it but she just said i saw you which i replied well you prove to me that i was on it.With that she turned around and said your getting i ticket for either using your phone or not driving with proper control. In the end i got a ticket for not being in proper control. Where do i stand as i can prove i wasn't using my phone but she can't prove i was
Province/Country relating to question : hampshire
HiThank you for your question and welcome to Just Answer. I will try to help with this.What is your question?
i was driving down the m3 yesterday in my lorry and a unmarked police pulled me over, so i went on the hard shoulder. The policewoman came up to my lorry and said to me do you know why i have pulled you over, which i replied no. She then said i was using my moblie phone and of course i said i wasn't as i have a hands free kit but she didn't care she kept on saying i saw you. So with that i got my moblie phone out to prove that i haven't but again she didn't and kept on saying that she saw me.With that she took my lience and went back to the police car. When she returned she went on to say the reason i was denied it was because i had 9 points, in which i replied that has nothing to do with it as i wasn't on my phone and that i had a hands free kit, i then went on to say that she prove that i using the phone as i could prove i haven't. This went on for around 5 minutes in which she said your getting a ticket for either using your phone or not in proper control which i replied i wasn't using my phone so how can i therefore not but in control. the policewoman didn't care and gave me a ticket for not in proper control
Yes, so whats your question?
sorry my question is where do i stand? i can prove i wasn't on the phone but yet she couldn't prove i was on the phone and because she has given me a ticket for not in proper control it means 3 points which make me have 12 points now
sorry i didn't get the answer
I'm afraid that you overstate your case.You cannot prove that you weren't on the phone. All you can do is produce a phone bill that shows that you did not actually make any calls at the time that you were seen. You cannot show that you didn't receive any or that you weren't using the phone for some other purpose such as text thing or checking e-mails or otherwise touching the phone. The law does not require that you actually make phone calls.In any event, the charge against you is not that you were making phone calls or using the phone but that you were not in control of the car. All they have to prove is that you were driving with the phone in your hands.You are free to contest this. I'm not quite clear whether you accept holding the phone whilst driving or not. If you were holding the phone then you cannot see the you were not. You can only tell the truth in court obviously.In any event, I'm afraid that magistrates do generally prefer the evidence of police officers to that of defendants and so if it comes right down to disputes between your evidence and the officers then it is likely that you will lose at the magistrates court.You can challenge it on the basis of asking the Crown to prove that the officer could see from her location. The answer that you will get is that she is a trained observer and the bench probably when except that.You also do face the problem of them trying to introduce your previous driving record in as bad character. They may not get away with that. It depends what the other points were for. If it does come in it will be considered motivation to lie as these 3 points would take you to 12 which would mean you are liable to totting.Of course, they may forget to summon you. That does sometimes happen and if it does that is wonderful but you cannot rely upon it.Sorry thats probably not 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 remember to rate my answer and provide feedback and then I will give you related information for free. Your question will not close but I will thereafter give you follow up information at no extra cost.
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