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stopped by police and fined for using a moblie phone
My husband was stopped by police and told by the officer that a different officer had seen him on a mobile phone. Thing is my husband wasnt on the phone nor had he been. His phone was sat in the front of the centre console of the car and was being used as a satnav.
Can the mobile network give customers a breakdown of incoming and outgoing calls and texts?
If it goes to court how do the police prove people are using a phone.
Any advice?
Can the mobile network give customers a breakdown of incoming and outgoing calls and texts?
If it goes to court how do the police prove people are using a phone.
Any advice?
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Comments
Thanks but he didnt do it in the first place, you know I knew someone would respond like this
Not quick enough......
IMO, phones need to stay out of sight now, not worth the risk..just buy a dedicated sat nav, cheap enough....
It is what it is
This is basically it. It's just not worth the risk.
Buying a cheap satnav is the way forward
They can itemise your phone bills so I'm pretty certain that won't be a problem.
The doubt will be how vague is the timescale the police claim they saw him v the timescale between calls on the phone.
And they could say he was dialing or writing a text etc, And you can't prove the time he dialled or wrote not sent a text
The police can just make a claim and that's it, no evidence? And parliament created that power did they?
Unless the police do need some evidence of course. I would ask about that first rather than finding proof of innocence.
I imagine that if the OP's husband denies it, the police would be able to use the phone records in order to try to prove guilt though.
Thanks for replying, I guess hes just gotta wait for the paperwork to arrive and take it from there.
The problem is in law is that the phone does not have to have been used to make or recieve a call at the time of offence, if you are doing anything thing with the phone ie checking the time, putting in satnav instuctions or anything like that then the offence has been committed, yes you can defend and decide to go to court instead but if found guilty the fine goes up from £60 too £100. Alot of people get caught at traffic lights or in traffic jams, because they beieve at the time they are not driving. Best advice for any driver leave your phone in your pocket or handbag till you are out of the car. Or you are parked up with your engine turned off.
The driver should be able to use the same in defence.
No because using your phone for anything ie checking the time you are still committing a offence.
Pretty sure the current rate at the FPN stage is a £100 fine and 3 points (fine was increased a year ago).
OP - If your husband was definitely not using the phone (which includes just touching it) then he should consider going to court and pleading not guilty. There's a chance the police may decide not to proceed if he opts for this course of action or even if they do, that they will fail to convince the magistrate. Lose in court though and the max fine is (I think) £1,000, though in reality it would likely be much less.
Not really... I could type a message on my phone now, put my phone down and then come back in 3 hours and send the message. The records would show what time I sent the message but not what time I typed it.
Or I could type a text message then decide against sending it and so just delete it, then it wouldn't show up on the records at all.
In both cases if the typing happened while driving it would be an offence but the phone records wouldn't show it.
You might find it useful to check on the bizarrely named http://www.pepipoo.com/. Which is a forum for people accused of motoring offences.
A policeman actually lied in my case. Although the legal term would have been 'mistaken'.
All experienced police officers with X years of sterling service are regarded as infallible Gods by the courts.
This is what i was getting at....The phone company can't say when he was writing a message or when he read one or opened an app etc.
And as other have said, Even if he did something like pick the phone up and put it in the holder while driving, That is all it takes
i keep my phone in a cradle and use it regularly as a sat nav. I also have a blue tooth device where you van answer the phone without touching it. If a policeman walked or drove past and saw my mobile illuminated, they could easily stick me about on even i hadn't touched it. It does seem like its guilty until proven innocent.
this bit of legislation does appear to be flawed and I'm sure that they use their radios while driving.
Mobile Phones and Driving
And yet, amazingly, every time I am out in the car I see numerous drivers quite openly and brazenly driving with one hand on the wheel and the other holding a phone to their ear.