Free Traffic Legal Advice

I have never been to court before and so I feel like my nerves will get the best of me when I'm standing there that's all. That's why I was in 2 minds to maybe just let the lawyer deal with it all but at the same time I don't have money to spend like that 😔

Thank you for the help guys.

How can I request for evidence the cps will use to hold against me? It says on the officers statement there is a body worn video given as evidence so how would I be able to see this footage?

Thanks.

Quote from: Hussnainh8 on July 24, 2024, 11:05:18 pm

The phone yes a text was sent through my phone I get that but it was literally done using Google assistant and I did not need to touch my phone to do it as its all voice commanded. The phone was already unlocked with satnav on and phone was on door panel to the right. The officer could have easily mistaken that with me holding the phone in my hand so unless they can show a picture or video of me using the phone why would I plead guilty for it.

In your OP the phone was on the passenger seat. Which version is true?

Whilst driving on the door panel to the right and when stopped I moved it to the passenger seat so I could roll the window down to talk to the officer walking towards me.

You say you were driving slower than you should in lane 3, and they were in lane 4

Was there anything in lane 1 and 2?

If not, this may have contributed to their taking an interest in your driving and may contribute to the "without due care" (note - it's not "with undue care")

If there was, did they have take any avoiding action when you swerved?

Yes cars in lane 1 and 2 as I remember when the unmarked police car was behind me I had to over take a lorry in the 3rd lane. In lane 3 they described me as driving "much slower" but I was doing minimum 60mph. The reason they took interest in my car was Purely because it was a blacked out tinted vw jetta which just looked like a "dodgy dealer" car. In their eyes they probably saw it and thought jackpot! Then when they pulled me over and realised I had the insurance tax etc sorted there wasn't much to knick me for so took their chances on these 2 offenses instead.

That's why I would like to atleast see some picture or video (body cam footage), maybe even a camera attached to the front of their vehicle to show me swerve as the officer states I swerved before he approached me and I say I swerved only when they where to the side of me. I guess in the eye of the court a swerve is a swerve at the end of the day but the officer should atleast get his story right then shouldn't he?

Yes that's all sound to me.. Just one of them things.. Why would I plead guilty before knowing what evidence there is against me. Better of atleast knowing what evidence there is then going guilty or not guilty.

Are there any exceptions for the swerving offence? Something such as saw debris in the road or avoiding a pothole etc?

Okay that's fine... I will get the. Solicitor to check it all out and see what he thinks. 1 and 2 lanes had cars in them.. 3 and 4 where near empty.

Thank you for reply, I will call police on Monday to get the evidence they may have against me first and I'm aware of the exceptional hardship but still feel like having to show 12 points on a insurance will make the prices through the roof so I may still not be able to get insured at all and I rely on the car for work as well as have motor trade insurance which is all for work so it wouldn't be possible to get insured again through motor trade if I was given 12 points to declare.

I wanted to be clear on if court can prove me as guilty just based on what the officer/s has to say or do they require actual evidence of claims made against me. Such as a picture of my car wheels in the 4th lane or a picture of me holding my phone whilst driving.

Also how likely is a court to believe my story that yes the text was sent before getting stopped but the text was sent using hands free feature rather than me physically sending it myself whilst driving and that the swerving into other lane wasn't because of sending a text hands free it was because the unmarked car came up along side me at 70mph which I panicked as I was looking wondering why this car has just pulled along side me.

And the only reason I didn't admit or deny at the time of being stopped me handling the phone was I was in a state of shock as all kinds of claims where being thrown at me so I was just sat there confused where to start. There was even a point his colleague came saying "shall we do a search on him?" as they assumed I may even have been hiding something illegal! Granted the car looked the part with its blacked out windows and dark grey paintwork but I mean they could have easily done me for the tints and said they are illegal (which I would have accepted a fine for as I bought the car from auction like that) rather than accusing me of the phone which he saw me using at 70mph in the dark around 8.20pm in my right hand with the front windows blacked out. I'm also dark skinned so there's no chance he could have seen my hands on my phone in those conditions.