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Jo C.
Jo C. , Barrister
Category: UK Traffic Law
Satisfied Customers: 69036
Experience:  Over 5 years in practice.
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I was taking you turn from the normal road from junction. there

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I was taking you turn from the normal road from junction. there was one police officer far away from me. I was following a mobile navigation which my mum was holding. there was traffic that is why, I was putting my head down to see mobile navigation while I was stopping my car due to heavy traffic. police officer radio an other police officer to stopped my car. he stopped and said to me wait police officer is coming. he came and said you was using your mobile I said my mobile has no battery while showing him. how am I suppose to use it? he did not listen to me and end up giving me ticket and three point. I took this in court and now my hearing is about to come. I don't know what to do? how to prove that I was not wrong? how to prove I was not using my mobile as there are two police officer gave their statement as well. one said he has clearly seen and an other one said he stopped a car as my college radio me.
I am taking my girl friend as a witness as well who was with me.
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Do you have any other points?
Customer: replied 3 years ago.
no , I do not have any points. The reason I took it on court because I am getting driving instructor qualification. and if you have a points so you will get some problem to get it.
Expert:  Jo C. replied 3 years ago.
Thanks for the information.

I just need 10 mins to type out an answer.

I am sorry but its bad news though realistically.
Customer: replied 3 years ago.
thanks, XXXXX XXXXX wait.
Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry and I know the police are unreasonable sometimes but unfortunately we are hampered by the law.

You can certainly defend on the basis that you were not 'using' a phone within the meaning of the law. 'Using' has been considered at length by the higher courts and it does not necessarily mean making or receiving phone calls. It means 'using' any of the phone's features - checking email etc.

It is arguable, in fairness, though that cannot be done if there was no battery. I suppose they could say you were checking battery life etc but they won't do that.

They will either proceed on the basis that the officer say you using the phone or they will just amend it to a charge of not having control over the vehicle.

They may well prosecute the mobile phone offence. If two officers are saying they both saw you on the phone then probably CPS will take the view its a fairly strong case. I'm afraid that the truth is that if it comes right down to your word against the officer's then, at the Magistrates Court, the officer is likely to be believed I'm afraid.

In any event though, there is an offence of not having control over a vehicle which was always used before a specific offence to deal with mobile phone use was created. If you are saying that you were looking down away from the road at a sat nav then its made out unfortunately and, in fact, it carries higher penalties.

I am sorry but thats your position. You might be lucky if you contest this and the Magistrates may take the view that the officer couldn't have seen properly but its obviously a high risk.

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 C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69036
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
i heard if you take to the court you will be given 6 point plus fine as well. is that truth?
Can I take It back right on this stage?
Expert:  Jo C. replied 3 years ago.
No, for a mobile phone offence you would get 3 points and a fine.

I am sorry but you cannot do anything about the fact that you have been summonsed now.

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