Police Officer Did Not Investigate

Question:

I was stopped by an officer for the allegation of driving and using a mobile phone. On approaching a major roundabout, I recall seeing the officer on his motorbike behind me at the time of the allegedly incident, as we turned the roundabout, I recall seeing the officer swerving to catch a glimpse of me.

The officer pulled me over and said was that an emergency call you were making, to which I explained no it was not, I was intimidated and the officer issued me with a ticket explaining I had to take my licence to the police station to which I explained I did not understand why as I had my hands to my ear which he may have mistaken for me using a phone.

The officer did not ask to see my mobile number or take my contact number down. I have had a clean licence for 10 years and I do not wish for any points due to overzealous officer actions. I request your viewpoint on this matter.

Paula Says:

If you deny the allegation then you should not accept the fixed penalty. You have to appreciate though that the allegation will be summonsed to court and the officer maybe able to convince the court beyond reasonable doubt that you were using your phone at the time alleged.

In order to do this the officer would have to give evidence and you would have the opportunity to cross examine him. We will need to obtain your phone records to corroborate your account of events. It helps your defence that the officer failed to examine the phone properly or take down the number.

You will not be at risk of any more than three points at court but you will be at risk of higher fines and court costs.

If you would like my help I will be happy to assist. If we manage to get the proceedings withdrawn without the need for a trial (83%) success rate, or if we win at trial (95% success rate) you will be able to recover your reasonable legal expenses.