baba

Just been out in my brothers bmw and been done for being on the fone apparantly.
I had just dropped a mate off 100yrds away after wed went to bank and i still had my brown/black bank card in my hand scratching my neck "this is the said fone" at traffic lights.
Police pull me and ask for my fone.i deny being on fone.blah,blah they search and find my brothers fone under seat on silent with missed calls on it.they said this is it even though there was a fone in back seat and two down door card.neither is my fone and only two have simcards in=ones his works others personal.also found an i-pod.
so they said im getting done with a higher charge of preverting the course of justice.
they check call logs etc and find nothing only calls 28mins earlier and missed calls.
i ask them to check registered keeper of fone and ask time date to be noted so i can get proof from fone company the fones werent answered........they said it was clear i had a fone Or i-pod at my ear and even if i wasnt on it or listening to either simply having it in my hand is an offence.
so i ask is holding a pen whilst driving an offence-he said no.

it was rainy we had been in town and were wet so windows were steamy.fone in question was black,ipod was white bank card is black so surely if he can tell it wasnt card i had in hand he can see the bloody colour diffrence between black-white?

i also point out the car has handsfree and if it was my fone all id do is swith bluetooth on and after 6rings the fone answers and goes through speakers.i asked him to go in car and get other officer the call him to prove this is how it works he simply said it didnt matter.

i point this out and he said well just give you a caught on fone ticket and pay if you want.

i geuniely wasnt on the fone but is it worth appealing or will i simply get them anyway?

andrewg

let them take it to trail,, a good lawyer will make a fool of them in the dock..

you have a right to a fair trail!!

baba

i was thinking that to.cheers.

BadAss Focus

how can they say it was either phone or ipod??

so they are saying it was clear to see it was black or white!!

numptys.

baba

lol it gets better the ipod was attached to a mount for a dash about a foot long lol and the said either that or a moblie.....mobile what fucking fone box.shower of cunts.
they told me i had summit in my hand or near my ear.but ticket says driving on the fone.

baba

[QUOTE=BadAss Focus;3996291]how can they say it was either phone or ipod??


hows the car anyway kenwar?still living the dream?

Maria.

Go to the CAB they will be able to give you some advice on what is the best way to proceed!!

Good luck!

Physio

Have a look on here for similar cases mate, they're a helpful bunch too who know what they're talking about

http://forums.pepipoo.com/index.php?act=idx

baba

ok cheers guys/girls.

ps a mate got stopped on the fone around 2 years ago except he was on fone however denied it at first.....police said they would do a check on the fone and check all logs.
so if they have the power to do this how cum they wouldnt when i requested this?
and then they said "maybe"i just had it or i-pod at my ear?
also said doesnt need to be turned on simply holding it is points.

Dan@Rapid-Ford

iTrader: (5)

Get ready for points and a fine

It seems like it doesn't matter what the facts are. When you get to court the Police will lie and say you were on the phone, you will say you weren't and the 100 year old magistrate who prob doesn't know what a mobile is let alone how to answer one will fine you (Ł200+) and give you points (prob 3 or prob 6 cos you dared to argue). Then after lunch the magistrate will let a mugger/burglar off with with a Ł50 fine and a sorry.

It happened to redi-jedi on here last year IIRC (not the mugger bit)

baba

thats what im wondering mate.
my sisters boyfriends father was on way to dentist holding his jaw,he had bad toothache and got done for using fone lol.didnt even have a mobile!but they said he had hidden it.
he got done and a larger fine.

fuzzy

justice is only for those that can afford it. joe public gets shafted.

baba

its a joke.they were a pair of arseholesi proved them wrong two or three times and all they said was it was clear i had either the fone or i-pod in hand....ones white lol.

also they didnt read me anything or take a statment etc if that matters?

mr mclean

they wonder why public opinion of the police is so low at they moment and we get this sh=t all the time,I got nicked for having a smaller number plate on my skyline and i told the copper the standard ones dont fit jap imports due to the smaller indent in the bumper so i was legal,he took me to court and i just stood up for myself said it how the law had been changed to allow smaller number plates for imports ..the old boys thanked me for bringing this to there attension and chucked the case out and paid me full days wages ..also i got to tell the copper he was a co-k...go to court mate dont be put off...least of all if it goes wrong ya had the bulls to step up for whats right...

baba

i really do hate the police there total erse holes round here.

i can get a log of calls etc but they will just say i had it in my hand so how can i contest against the word of two pigs?
what fucking chance have you got.......

baba

i know and they wonder why the public hate them so much.

fuzzy

theyre sometimes not so bad. i got caught racing a 5 series at over 100 in 30 in an industrial estate late on a saturday night (internet organised) i got told to fuck off and not to be seen here again or they would charge me next time

Flatoutjosh

An ipod that u hold up to ur ears??? Cant say ive heard of that one where ya get that from??

cossie4i+

iTrader: (15)

This unfortunately is so true.

Steve

baba

lol i did point that out.the cars got a good sound system and he thinks im listening to a fucking ipod next to my ear.

baba

more important did you win??

fuzzy

off course i did. aint no 5 series getting past my old estate. we had actually pulled over and had got out to chat before the police caught up, they had been waiting ,hiding in a warehouse car park after reading about the event happening on the internet.

baba

lol fly ba**ards

BM08

Tell them you will take them to court as they were waving a gun at you in a threatening manner, tell them you dont care if it was his notepad


Two can play at their game

Jimbo's Cossie

iTrader: (1)

stand by your guns. the police are getting just as harder time as the acused. CAB will also give you the best directions

Less.

People womnder why the police get such a hard time now day

S1rst

Good luck with this. My mate was reported by a random member of the public for being on the phone. The ONLY evidence they had was that one guys witness statement. He took it to court and got 3 points and a Ł700 fine!!!!

macai

Take your day in court, you ARE innocent until PROVEN guilty. Take itemised bills for the phones in the car at the time, be polite to the senile old git at the front of the room and remain calm, it will wind the old bill up something chronic if the CPS even bother to take you to court.

Just my 2p

baba

i hear yous about the itemised bills but the police did say even if no one foned etc i still had either the fone or i-pod in my hand and either whether switched on or not is an offence.

so cant see the bills doing anything except make them say i was holding it to my ear instead of using it.

baba

holy shit!!!!!did he appeal?

Dan@Rapid-Ford

iTrader: (5)

Its all rubbish, anti social this enviroment that - just a load of bollocks to make up jobs for people

Used to be live and let live, now its live and be reported if I don't like it and the officials will be around like little hitlers within 2hrs because your a responsible homeowner. Yet the pikies dump caravans 5 mins from their yard and they can't put 2 and 2 together

However report someone trying to climb in your front room window and the Police ask me "what do you want us to do?" so I tell them to patrol the area earn their money (the person on the phone didn't like being told this ).......I'll change the story to come and pull me off this cunt before i kill him, they'll be over in 10mins to arrest me

Its a difficult one, I'd prob report the officers and then buy a handsfree kit with the money you've saved from arguing in court.

Reporting the officers will be put on there records and if enough people report him for claiming phone offences and he'll be put back on dog shit patrol

Good luck

Rant over

baba

lol thats a pretty good idea............victimasiation lol.

Dan@Rapid-Ford

iTrader: (5)

My day in court cost me Ł1400ish for representation,fines and costs and 6 points and I argued with the barrister when I was PUT on the stand. If i'd gone by myself it would have been 700ish plus points.

It won't wind them up they have 2 choices go to court and drink coffee or go sit in a car and drink coffee.

winding up the old bill at my expensive is not my idea of fun

My day in court was a proper eye opener how it actually works and how little rights you really have when it comes down to it

Dan@Rapid-Ford

iTrader: (5)

You know what I'm saying

CF20

i would see a solicitor give him the facts and see what he says i would not go on what the police are saying that its still against the law not to be on the phone but holding it, why the hell you going to put a phone next to your ear if no ones there ?

police do lie to you so people just take the ticket and don't fight it

mechanic28

iTrader: (5)

I always thought that if the police catch you with one hand on ya steering wheel then can do you for "undo care and attention?"this includes lighting a fag etc?

Sounds like you got a copper who was having a bad day

fuzzy

many people just take the ticket because they cant afford to fight it, costs along with lost wages can add upto a fair amount.and they dont like it when people fight it as it costs the court money so your on a hiding to nothing as they hit you harder for your impudence.

baba

i pointed this out to him and same reason for the i-pod lol.