I Was Using Hands Free

Question:

Driving whilst using a mobile phone

I was pulled in seven days ago by a PC on a push bike. He asked if I knew why I had been stopped and I stated that I didn’t. He stated that his colleague had seen me driving with my phone to my ear and changing gears with my other hand whilst driving through traffic lights.

I immediately denied this as following a previous offence of driving with a mobile I had a hands free kit fitted to my van. I also have a Manufacturer installed hands free in my car, as I do not wish to commit this offence again.

The PC then asked where my phone was. Unfortunately I couldn’t find it, so gave him the number to ring. My phone didn’t ring, but the officer saw it on the floor at the side of my van. He then asked if I was trying to hide it. He wasn’t interested in ringing it again to confirm that it was connected to my hands free kit, and just issued me with a ticket, saying if I wasn’t happy I should contest it.

I may have been on my hands free before I was pulled in, but was definitely not holding my phone. My question is, is that my telephone records may show I was on my phone, but is there any way of proving that this call was through hands free. I don’t want to plead guilty to something I am not guilty of, but if it is just the case of my word against two police officers, what chance do I have of being believed?

Paula Says:

You only have to cast a doubt to win but it sounds as though the police will have a strong argument that you dropped the phone when approached by them.

If you are adamant that you were not holding the phone at the time of the alleged offence then you should reject the ticket and ask for a court hearing.

I defend over 95% of the cases that I take on and I maybe able to get the proceedings withdrawn without the need for a trial. I get over 83% of my cases withdrawn on that basis.

If we win you would get back your reasonable legal expenses.

Come back to me if you would like my help and I will be happy to assist.