Using iPhone As An MP3 Player

Question:

I was driving to college with my headphones in using my phone as an iPod as its a sony erricson. I didn’t have my mobile phone in my hand it was in a holder until I stopped at lights and I just flicked the song on. I continued to wait at the red light and then proceeded to drive.

I was then pulled over by the police, I didn’t even know why? She asked me to get out of the vehicle and bring my mobile which I had to pick up and remove my head phones from the phone and my ears. I sat in the back of the car and they read me my rights etc and she said it was obvious I was texting and even though I was in complete control of the vehicle I had broken the law.

When I advised her I was using as MP3 not texting or calling she said it didn’t matter because I didn’t have two hands on the wheel. But I wasn’t moving? I have phone records to prove I was not using my mobile at all anywhere near the time pulled over. Do you think I could appeal this?

And also she did something called a mobile phone check she called somewhere took my number and said they where going to call me an unknown number rang me and she told me to hang up so I just rejected the call. What is this? And is it normal practice?

Paula Says:

If you can get phone records showing that no calls/texts were made or received at the time of the alleged offence then you will have a good defence to this matter.

It’s not an offence to use a phone as an MP3 player. The aim will be to cast a doubt on the suggestion that you were using the phone for telecommunication purposes. If we cast a doubt, then you win, and you get your legal fees back.

We get most of our cases withdrawn by the cps without the need for a trial (83%) and again if we do you get your legal costs back.

You have to reject the ticket and ask for a court hearing in order to contest this matter. It is normal practice for the officer to check that you have given them the correct number for the phone.

Come back to me if you would like my help with this matter. Have you got any penalty points already? If so, how many?