What’s The Offence?

Question:

offence code 124

The offence that I have been notified of a fixed penalty for is offence code 124, this code when looked upon the Police website states code 50-08-124 is attempting to drink while unfit through drink/drugs, I was not under any influence of drugs or drink at the time and if I was then should I not have been breathalyzed or taken in for further examination.

I was driving down a road to go to an appointment I had made, as I am a x and my job entails me to x. I was on a 30mph limit road doing just under 30mph and a police car was parked up in the opposite side of the road in a lay by.

Now I have been pulled over as the officer suspected I was texting on my phone, I was not texting on my phone as I have proof that I have itemised billing which will show that no texts had been sent or received via my phone when pulled over for the offence.

I even stated to the officer that I would show you my phone and prove that I was not texting he was not interested. He asked if I had my driving licence on me and I said yes, he asked if I had insurance I said yes, I also had the documents on me as I had to get my windscreen repaired due to a crack that had appeared the night before when I was driving and I was going to get it repaired.

The officer was rude and did not want to take notice off anything I was saying, he asked if I had MOT for the vehicle and I said yes only passed a few months ago, just looked at me as he was not bothered.

After all the checks that they were carrying out while sitting in their vehicle I new that I would come back with an all clear. He came over to me and said I’m going to give you a ticket on the basis of you may have been texting on your phone, and I said I was not and I can prove that.

I was on the other side of the road, doing about 28mph, and he was parked up in a side road on the opposite side of the road with oncoming traffic going passed, on both ends, now my understanding is that the officer in question must have some super eyesight to spot that I was texting on my phone with that many obstacles in the way, also I had my iPod attached to my wrist in a wrist band at the time so that can also look like I have something in my hand which I showed him, but he was not interested.

I feel I have been victimised just so the metropolitan police can meet targets, its outrageous and disgusting and I would like to known if can fight this in court.

Also the offence that I have been ticketed for does not even meet what I actually got pulled over for, its pathetic. So do I stand in a strong position to fight this, as I feel I should not pay a £60 pound fine and endorse 3 points on my licence for an offence I did not even commit due to what the police officer has written on the ticket.

Paula Says:

You have been offered a fixed penalty for using a phone whilst driving. Don’t worry too much about the codes used. That’s what the ticket is for.

If you deny using the phone then you will have a defence. I will be happy to assist you with this matter if you want to defend it. We would have to cast a doubt on the officer’s account of events and your phone records will help corroborate your version of events.

Come back to me if I can assist further.

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