Officer Didn’t Check My Phone

Question:

I was using my headset whilst driving and it fell off my ear and the phone fell onto the steering wheel so I held it and placed it on seat. The police saw this and followed me home.

When I was outside my house parking up I used my phone and the police came next to me and told me to not use my phone, I said I’m parking up.

Then he told me to get out of the car and issued me with a fine and 3 points. I pointed out to him I was on headset prior and am parking outside my house now.

He said we saw you on the phone and would not show evidence. I said check my phone calls, I did not make or receive a call at the time he stated. Should I challenge this in court or not?

Paula Says:

If you are adamant that you were not using your phone whilst driving then you should reject the ticket and ask for a court hearing – but you have to be up for a fight.

Have you got any points already? Are you a new driver? Tell me more.

If we could get your phone records to show that no calls were made/received (or texts) at the relevant time then you will have good evidence to be able to try and cast a doubt on the officer’s account of events. He/she has to prove their case against you beyond reasonable doubt.

Question Response:

Thanks for your reply but I wasn’t using the phone so I think I will have to go to court and prove my innocence. I have been driving for about 15 years and never had any points or speeding fines.

I did ask the police officer to check my phone at that time, but he rejected this, but the problem is the phone is registered on my husbands name etc, so even if I get call records from there they can turn around and say this isn’t the phone you were using. Is this possible to overcome?

Paula Says:

Your good driving record will stand you in good stead when it comes to the court proceedings. You don’t have to prove your innocence you simply have to cast a doubt on the officer’s evidence. The officer has to prove his case beyond reasonable doubt.

You should get the phone records for the phone that you had with you at the time. The officer has nothing to contradict which phone it was because he declined the chance to inspect your phone at the time. This can be put to him in cross examination.