Show Posts - Hussnainh8

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.

 Ah okay my lawyer has said he should be able to request the evidence from them and check it for me what they have against me and go from there but I just thought if I could check the evidence myself then I could deal with it myself but without the evidence I would be going in blindfolded.

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.

HelloSo I'm trying to find the evidence that is against me but I'm not sure how I would go about it. Do I call the magistrates court where my hearing is and ask them for the evidence?Thanks.

Quote from: 666 on 25 Jul, 2024 06:55Quote from: Hussnainh8 on 24 Jul, 2024 23:05The 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.

Quote from: NewJudge on 24 Jul, 2024 14:48Quote from: Hussnainh8 on 24 Jul, 2024 11:53Why would I plead guilty before knowing what evidence there is against me....But we've established that you already have the evidence that the police intend to rely on to convict you. It's provided precisely so that you can decide on your plea. You are unlikely to get much - if anything else. What else you you think they have that might either undermine their case or assist yours?My lawyer told me he would put a request for evidence in as he believes if they recorded bodycam footage then it should be part of the evidence and possibly any other evidence they may have (possible a camera footage of my car swerving)? And then going by the evidence we can decide if it's better to just give up and plead guilty or fight it. I thought it was the logical thing to do as well so therefore pleading not guilty for both offenses until we have seen (if there's any) any evidence and if there is no other evidence and it's my word against his then realistically someone could have easily been mistaken at any time... After all it was dark at night, very hard to see as it is especially out the side with limo black tints and doing speeds of 60mph.

Quote from: Nevermind on 24 Jul, 2024 16:15You say you were driving slower than you should in lane 3, and they were in lane 4Was 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?

Quote from: The Rookie on 24 Jul, 2024 12:32Quote from: Hussnainh8 on 24 Jul, 2024 11:53 Why would I plead guilty before knowing what evidence there is against me. If you know/knew you were guilty then it's a gamble to take it to court in the hope they can't prove it, most people do know if they are guilty or not and aim to minimise the financial impact of their offence.I understand but as much as they have given me these offences I feel as if I wasn't guilty as YES I twitched and swerved a little but it was only as they where in lane 4 next to me matching speeds at around 65mph staring at me at 8.30pm at night so yes I did panick a little and get scared as its not normal behaviour for someone to just drive next to you for no reason. I feel like it was more provoked than my doing but that I guess I will leave to the judge to decide if I'm guilty for doing it or not (In the possible chance they may understand where im coming from and possibly reduce the penalty to just a fine rather than points too)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.The lawyer I went to said if they have photographic or video evidence then they should show it to me which is normally on a disc etc. I have sent the sjpn back so I'm waiting to hear from them again and possibly to see the evidence against me (yes the officers statement is against me but last time I checked life didn't work on he said she said stories).

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.

Hello guysSo after speaking with my solicitor he's adviced me to plead not guilty for both offenses and then wait for the evidence they may have first (if any). Only then we can know where to go from their. He did say you can plead guilty at any time later in the process but won't be able to plead not guilty so i thought that would be the best option for now. So waiting on evidence and go from there.

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

It's been 4 months since the stop and the car is sold as well as the phone lcd broke so I bought a new one. If I had the car I could have taken pictures to show the tints front and back and it would be obvious that you can't see through the car in the dark especially at 70mph. If I had the phone I could have showed the Google assistant history but the phone's broken as well and not sure if it will go back 4 months from now.The single justice procedure has a copy of the officer statement and I remember he had a body cam on and was recording a video as well except there's no video evidence to show anything.I didn't realise the statement was evidence so the statement is the only evidence I have received. At this time it just seems like a he said she said type of scenario.

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.

Without officers having proof of me on the phone how likely are the courts to believe my story the text was sent handsfree or would they just go by what the officer says?Im also not sure if to plead guilty or not gluity for careless driving as the only reason I swerved a little was because they came up alongside me matching speeds etc and I got frightened as it's not normal for someone to just come alongside you on a motorway. I wouldn't want any points for that as well ideally but if I have to take the hit on something then yes I rather agree to swerving because end of the day I did swerve out of getting scared.

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.