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Drivetalk
Recently I was stopped by an unmarked police car and accused of using a hand-held mobile phone whilst driving. In fact my Peugeot has built-in handsfree and in any case my phone was in my pocket and certainly not in use. This accusation resulted in a vehement denial from me and an intransigent position taken by the two officers. When I drove off I wasn't overly concerned since I thought I could obtain the call records from my phone provider but it is now proving a problem to obtain them and a friend has also pointed out that they may just claim that I was using another phone. Where do I stand on this? How do I prove that these two traffic officers need their eyesight checked?
Asked on 31 July 2010 by LL via email
Answered by
Honest John
You can obtain your mobile phone records if they are to be used in
evidence. Showing that you were not making a call at the time of the alleged offence will be enough to get you off in a magistrate's court.
If the CPS came up with the argument "you could have been using another phone", then they would have to prove that you had another phone and were using it. No sensible magistrate would accept the word of the two officers after hearing your defence.
evidence. Showing that you were not making a call at the time of the alleged offence will be enough to get you off in a magistrate's court.
If the CPS came up with the argument "you could have been using another phone", then they would have to prove that you had another phone and were using it. No sensible magistrate would accept the word of the two officers after hearing your defence.
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