jaiscossie

Am fuming right now, just got in after being out for a drive with my 6 year old son in the cossie, got pulled by traffic police because the copper said i had my head down and was txting on my phone! This is completely untrue as use i had my head down but was fiddling with my stereo / changing the station.He reakons i had my mobile in my left hand (which i dont even hold my phone in)

What do i do now? Do i either roll over and pay the fine and take the 3 points or argue it and go to court (although the copper advised me not to do this as i will end up coming off alot worse off if i get found guilty)

I said you can check my phone to him and see it hadnt been used for at least half hour or so but he wasnt having any of it and just said he knows what he saw, (a black phone in my left hand) my phone is blue and im left handed so always hold it in my right hand

Mark_

take it too court, why would you take 3 points for something you havent done?

ST24MK2

You could try protesting it if you have a witness to say your 6 yr old was in the car and you wouldnt do such a dangerous thing, but it is one of those thats a bit tetchy, id be pissed off too.

massivewangers

iTrader: (1)

Surely the call/text records would prove you weren't using it?

They can convict people based on them, so surely they could not convict you based on them?

RS 5tu

iTrader: (2)

try speaking to your provider get them to send a log of the time you allegedly sent a text take it to court and show there was nothing sent or received at the time.

Danster76

iTrader: (2)

Go to court if what you say is the truth the whole truth and nothing but the truth. Your phone records are evidence.

daveandhelenturbo

iTrader: (1)

Coppers are just scum! Power frecks. I'd go and seek advice and get a copy of your phone calls texts etc to back yourself up.

I'd be going mad to. Bet he had to nick like 10 people driving using they mob and thought you are an easy target.

Dave

jaiscossie

Im on pay as you go phone can i still get a record of all txts sent and times etc? Thanks.

massivewangers

iTrader: (1)

Looking at it another way....having your head down to piss about with your stereo is still grounds to pull you, but for driving without due care and attention, which is a far worse endorsement to have on your licence.

Worth considering!

RS 5tu

iTrader: (2)

yeh you can

jaiscossie

I would never use my mobile with my son in the car either, i just dont want to go to court and end up with huge costs etc , thats why i did just think of paying the fine even though im 100% innocent as it were.

paddy heffernan

cop judge and jury .soon as they see a nice performance car they go on a power trip and know there word over yours wins every time.id fight it all de way just to piss the prick off.

jaiscossie

I dont have steering wheel controls for the stereo in the cossie though

jaiscossie

Would the court just take the word of the police then and find me guilty anyway do you think?

Proper angry now, he also had the nerve to put his ticket book on my spoiler which is a hate of mine and really wanted to say something to him.

matts1

can go either way, your phone proves you were not making a call but wont show you werent using it.

Plus the copper/court could decide what ever you were doing you werent paying attention to the road.

IMO the 'using the phone' is just a nice way for the copper to slap a fine for not paying 100% attention to the road.

pullo

Fuck that I would not be paying it, you can prove you were not texting/talking,it will have the time on the ticket he gave you, go to court open and shut case mate.

COCHYN

Easiest case to make the officer look like more of a tit! You can easily get the records to prove that weren't using your phone at the time, comparing the time written on the ticket you were issued with your network records. There's no law against you using your car radio.

And just to strengthen your argument, you can explain that the Police officer advised you not to take it to court. Open a whole can of worms, including bringing the officer's judgment into question, because he clearly knows he couldn't have proved you were using it.

Tottie xr2

iTrader: (1)

I think they need photo or video evidence to take it to court. A policemans word Is not as strong as it used to be. So if you do go through with it. Its a good chace the charges will get dropped before it gets there. By the sounds of it the cooper don't know what he saw anyway!!!

collierm

Take it to court, he's taking the piss. Contest it else he'll keep pulling crap like this.

Defend yourself, why wouldn't you?

Less.

I think it was Redi Eye Jedi off here had a similar thing,he was went to court on the same thing, proved he phone was not used by his call records but still got done so would say roll over and die and take the points.

You might win but seems the truith not count in court nowdays

booner999

You own Sensi old Cosworth, I wanted that lol. Very nice.

COCHYN

How did that happen? I want to read between the lines and assume there's more to it than that, but he shouldn't have been done if they can't prove anything. And he had evidence he didn't use it.

Glenn_

iTrader: (1)

+1 Can you not get an itemised phone bill for your proof.

jaiscossie

I just called orange and as you guys have said yes i can get an itemised bill which will prove i didnt use my phone whilst driving, but then as said in earlier posts i dont want to end up walking out of there with a heavier fine for not paying attention whist driving etc?

tabetha

No it's not, one of the main reasons why the using a mobile phone whilst driving came about as a seperate offence is due to people contesting and winning the appeals against due care with which they were previously charged.
On the basis you state copper could pull you for changing gear, and say you should drive a automatic.
Personally I'd fight it all the way, using phone records, but what I can tell you is you will get a far far fairer hearing at crown court over just magistrates.
I think with your phone companies evidence it will get thrown out before court, simply send a letter to the plod hq, enclosing a copy, it will be cancelled.
tabetha

dojj

iTrader: (3)

didn't some old codger call the old bill after he nearly hit him and say he was using his phone?

which reminds me on a new post

massivewangers

iTrader: (1)

How is it anything like changing gear? What a ridiculous thing to say.

If he was pissing with the stereo, clearly not paying attention to the road for an unreasonable length of time, they have clearly have grounds for a conviction for driving without due care and attention.

Quite how that's like changing gear I don't know.

jaiscossie

I have 7 days to hand my license in at my local station, does this also mean i have 7 days to decide weather to pay the fine or not? This sounds like a good option what you have said and didnt know i could do this.Do i just enclose a copy of the ticket and my phone records? not very good at writing letters you see and wouldnt know where to start.

jaiscossie

I was changing the station with the search button for a couple of seconds as it was out of tune and crackly

Lambchop

iTrader: (1)

Redeye DEFINITELY got done. It was total utter bollocks. I cant rem if it was him or Christian(his bro) that posted about it. Total madness.

Harris.

They cannot change the reason once your in court, ie do you for due care, you will be there over the mobile phone issue not changing the stereo. so if i was you id take the matter to court with your bill of incomming and outgoing calls/tex's . explain that the police officer wouldnt listen and was very rude and could not see why you wouldnt use your mobile phone why driving (not that your 6 year old was in the the car)YOU never use it why your driving!!!!!!

to many people roll over and just pay the fine .

massivewangers

iTrader: (1)

It does sound like he's taking the piss a bit in your case. I wasn't slating you mate, just pointing out the bollocks tabetha was spouting

jaiscossie

Thats cool mate i know you wernt i just didnt want people thinking i was messing with the stereo for ages when i wasnt. just happened to be at the moment i drove past the old bill car parked up which i didnt see

Dubs44

iTrader: (1)

a printout of calls and texts is a complete waste of time imo. technically, you could type a text out whilst driving, but not send it. there would be no record of that.

jaiscossie

Will there be added charges i will have to pay if it goes to court even if im found not guilty.?

Lambchop

iTrader: (1)

To play devils advocate...

If the copper didnt identify the mobile you had on you at the time as yours then what difference will phone records make? It could've easily been another phone at that time

Only saying!

It's SHITE though and if you read back about neils case it sucks balls!

jaiscossie

Now that is what ive thought, as in the past ive heard people say they normally ask what your mobile number is and then call it to make sure you have given them the correct number.

Less.

Jaisecossie and Lambchop was deffo Redi that posted it,as Chop has said he deffo got done and came off worse going to court

xxTWINNYxx

iTrader: (1)

Take it to court, some copper tried to do me for the same thing when my phone was at home. he said he see me holding my phone up to my ear when actually i was itching my face. went to court and they tried to say phone records didn't mean anything as it could have been another phone but thankfully i had a good laywer and it was chucked out.

i only went on principal that i did nothing wrong, they try to just think that what they goes and thats the bottom line.

jaiscossie

You said you had a good layer though, how much did this cost you? because if its likely to get expensive i think id rather just annoyingly pay the £60