bartmanuk

Hi,
A couple of weeks ago i was given a fixed penalty notice for apparantly using a mobile phone whilst driving on the motorway.The officer who gave me the ticket at first said he could see me using the phone,and i said that he was mistaken,he asked why i had my hand up to the side of my head, and i told him i was just leaning on the top of the door with my elbow and resting my head on my hand, he then told me a couple of more times he had seen the phone, so i again told him he was mistaken, he then decided to tell me that he had video evidence, so i asked him to show this video evidence to me, he looked at me a bit surprised and said "what?" so i again asked him to show me this video evidence. he then told me that they dont do that, so i told him that that if he has video evidence, he is supposed to get me into his car and show me this evidence to show me what i was doing wrong, he then said "no we dont do that, if you want to see the video evidence you need to apply in writing within the next 28 days", so i then told him, that will do me,thanks. And on my way i went.

so what i need to know from anybody out there is,should he of shown me this video when i asked, or was he right to tell me to write in to see it?

All help appriciated.

BM

Jonathan Davies

Could you not just get the phone company to confirm whether or not you were using your mobile at the time?

bartmanuk

i have phoned my phone company, and they told me they only keep a record of calls made and not calls received, i therefore assume the police wouldn't let me use that as proof, because they will say i could have received a call, if you get what i mean.

BM

2000TLondon

From what I gather the officer will get you into the car and show you the evidence, as you said. I think you are right, and would contest it all the way!

You always see the police doing this on the side of the motorway, and the hysteria inducing shows like POLICE CAMERA ACTION.

Your best bet would be to get a consultation from a motoring lawyer.

Good luck!

s70rjw

iTrader: (2)

No you are not automatically shown the video evidence

bartmanuk

but surely if he tells me he has it, and i ask to see it, i thought he was supposed to.

BM

2000TLondon

But if you request to see it? You always see the police with some guy in the back saying "oh, I didn't realise that........." on the telly.......

Is it a case of they can show you the evidence, but don't have to?

Clarebabes

But did ya?

mart360

Once again it just confirms what i posted in an earlier thread about not seeing contested evidence, and to get it, you will be threatened with a court case, and the evidence shown then...

saying that, dosent this then contradict the caution they give you, wherby thay say if you withhold something now which you later rely on in court..

and again they are relying on you to prove your innocence, and again they are making it harder than it should be, to do that.


Surely to make it cut and dried, they should have just shown you the evidence, then if you were guilty case closed.

do you think not wishing to be proved wrong and ego spring to mind??


If as you say you are innocent, then pursue it to the end.

mart

fatherpierre

Contest it in court and you will have it quashed if you weren't on the phone, as there will be no evidence.

If you were on the phone then it's your risk. And if you were on the phone and go to court, and there is evidence you'll get hammered

paul-s

but if you are innocent it is unjust that you have to go to such lengths to prove this by going to court.

scoobynutt

i think this is a stupid law because you are aloud to smoke wile driving but you braking the law if you use the mobile wile driving lol

just my 2 pence worth

matt

Puff The Magic Wagon!

iTrader: (2)

One day I happened to storm past an unmarked car on my GSXR (M'way and empty)

Traffic came up and I slowed right down and took an exit. Saw blues come stomping up so moved over and was surprised when they stopped me.

So we all sat in their car whilst we watched the video.

Saw me exiting m/way at sub limit speeds

"That's not going to make Police, Camera, Action!!"

Cautioned at the time but no further action

bartmanuk

today i have written a letter to the courts informing them that i am contesting the allegation, and that i request a copy of all evidence they intend to use against me including the video evidence.im expecting them to drop it after this request as i am 99.9% sure that they dont have video evidence which would be the only evidence they could use.

BM

Diesel

They might tell you that the Data Protection act doesnt allow them to disclose video evidence because of the other vehicles involved.. Unfortunately for them it DOES in matters of evidence in court [but CPS regularly lie and try it on].

However if they have this video [unlikely?] and you were on the phone [stupid & dangerous] then you should take the fine like a man for doing so. Phones are beyond distracting in a car - you can travel miles and not even remember it. If you actually were on the phone do the right thing rather than squirm. If not fight it all the way - your conviction will show and you will be aquitted [can you tell when someone is lying ???]

D

bartmanuk

in accordance with the criminal procedure and investigations act 1996, they have to show me all evidence they intend to use in court not less than seven days prior to any hearing date, so really i have them by the bollox if they dont have video evidence.

BM

Nezz10

Go for it BM, I will be interesting in this result!

Good luck mate

Diesel

Bartman you are not sounding much like a barrister there mate. Address the word 'if' and re-consider wisely... Ohh and they have to show you all UNUSED evidence too - if you fancy it...

D

elgordano

it sounds like to me that you were on the phone but you don't think they have any evidence to prove it.

Trout

iTrader: (1)

That is not quite true - you can be done for driving without due care and attention if you are smoking whilst driving. It has been done.

And of course from next year you can only smoke if the car is your own and nobody you work with is in the car with you and you are not using it for company business

davyboy

Statistics prove that talking on a mobile phone, your concentration is as bad as someone who is twice the drink drive limit.

....99% of stats are made up on the spot.

MartinM

^^^^I agree^^^^

You gonna tell us?

Mal K

If it was me I would have proved my innocence at the roadside. All phones record dialled and received calls which include time and date.

An experienced traffic cop wouldn't have wasted his time by stopping you if he was in any doubt and video evidence may not neccassarily prove the offence as the camera will have been pointing forward.

2000TLondon

Hmmm, if the officer was trying to video whatever you were doing with your hand next to your ear, surely he would be having to reposition the camera and zoom in and what not? Would that constitute driving without due care and attention?

bartmanuk

if you bothered to read the 1st post in this thread, then you will see that the position i was sitting in could well look like i was on the phone, but to clear this up, no i wasn't using the phone. the phone company have said that they can show i didnt make a call but they dont have any records of received calls, which doesn't do me any favours. im just worried that if they do have video evidence and it does look as though i could have been, then who would a judge side with?

BM

bartmanuk

its alright to sit and say that now, but sitting at the side of the motorway with a traffic cop in ya face saying he see you on the phone when you know you weren't, all i really wanted to do was punch him in the face.

BM

Moonloops

If your mobile had a call register feature you could have shown incoming/outgoing calls to the coppiceman..

/hindsite/

elgordano

they can't prosecute you because it looks like you are on the phone.

bartmanuk

well thats what i think too, but you never know what these tossers will try.

BM

Diesel

They are not tossers if they thought you were on the phone - they are doing us all a service. Almost got wiped off my bike once by some non-concentrating Nokia weilding terrorist!!! I also shamefully gave another biker a heartatack myself when I was on the blower many years ago - so I havent done it since.

Clearly the copper thought you were on a phone - but you say you were scratching your ear. Get what info and data you have [prove no outgoing call] and take a pic of the coppers camera position etc etc and then look the beak in straight the eye if you say the copper made a mistake...