Free Traffic Legal Advice

Hello guys

Could someone advice me on how likely a not guilty plea would stand in court for the following offences dated 19/03/24, letter received today 20/07/24

1) driving with undue care and attention
2) using a mobile phone whilst driving

So the story from my side of how I see things is that I was going along the motorway at night and see a car pull alongside me, I panicked a little and did swerve a little as i got a little scared as to why this car was just driving alongside me all of a sudden. I then realised it was 2 fellas in a unmarked car and I had then assumed they probably where checking the vehicle and driver etc to see if they could find anything dodgy (looked like a dodgy car.. Possible ex drugs car etc I don't know).

Now the car was a VW Jetta with blacked out windows front and back (pretty much limo black front and back) and before anyone says "your asking to get pulled over". I literally won the car at a auction 2.5 hours away from my home town as I'm a car trader and went to collect the car and drive it back. I did not know windows are tinted etc and I was fully insured with trade plates on display and mot etc all there driving the car back to my yard. Assuming it would be fine and worst case I get pulled and a slap on wrist for the tints or possible fine which at the time was fine as I wasted fuel and time getting there to collect the car in the first place.

So after they pulled along side me they then backed off and pulled into my lane tailgating me, I overtook a lorry which they followed and then they went and overtook me and turned the lights on indicating to stop.

So pulled up on the side and was asked why I thought I been stopped which I said possibly insurance purposes as the car is on trade so won't show up on the system etc. He replied "No you where driving dangerously and you where on your phone (which he insists he saw my fingers on the keypad through the blacked out windows at night from his car into mine at 70mph!) I can see the phone on your passenger seat with the satnav up and back light lit up, you where sending texts whilst driving so you can show me your recent apps and the message you where sending". His fella with him was already throwing questions "shall we do a search on him" as if I had drugs stashed up somewhere. So I was literally in a state of panic at the time and I did end up showing the message and yes a text was sent 2 minutes before which I didn't admit or deny at the time as I was all confused as all kinds of accusations where flying across at me, no Insurance, dangerous driving, no tax, searching me for god knows what and phone use.. I was just trying to process everything at the time so as they where talking I just didn't say anything. I kind of thought whatever I say won't change anything anyway as I feel I'm being picked on.

Long story short I did send a text however it was all done using the handheld "OK Google" command at the time paired up via Bluetooth to the cars after market stereo so all totally hands free. The phone was on the passenger seat with the background light lit up as the satnav app was open and the Bluetooth plugged into the stereo so I could hear the directions through the cars speakers. Did not have a phone holder, I normally take one with me when collecting the cars and sometimes I do end up forgetting to take it with me so the phone had to sit on the seat for the journey.

Now I can admit I swerved a little after seeing the car pull up along side me but that was only in the state of panic wondering what's going on why suddenly a cars next to me all dark at night couldn't see as it is which I would imagine anyone could do as it's not normal for cars to just pull up along side you at 70mph in the dark on a motorway!

So would I be able to plead not guilty for these offences is my simple question I wanted to ask. At the time it all happened I felt as if whatever I would have said to the fellas it just wouldn't have changed anything. Literally driving around at night with blacked out windows in a car that looks like a dealer would be using, I felt like I was picked on purely for the looks of the car as it looked dodgy so they thought yes let's follow that one there and at that point they where just coming to get me for whatever they could find.

I don't really know what to think of this as I'm not wanting the points for phone or driving dangerously and with there being 2 officers I guess they will both support each other's statements and I don't have a witness so my word against 2 officers. I know for certain they don't have any photographic evidence to show such as me being on the phone whilst driving (pitch black windows, dark at night so physically won't see my hands on the screen.. I also swerved whilst along side them so they won't have any video to show me swerving in that moment and I also didn't admit or deny at the time any of the offenses they brought upon me. I was just assuming I was being pulled for a car and driver check as car wouldn't be on the insurance system etc but in their eyes they saw a blacked out car with possible drugs or something dodgy going on.


Already on 6 points for speeding (learnt my lesson and never again) but I really can't afford another 6 for phone use as I will be on a ban then.

I understand the costs will be high.. I'm just trying to see what my chances are of being not guilty before I go ahead and do a not guilty plea. Would the court agree with there not being sufficient evidence or would it just be a 2 officers word against mine because if that will be the case then I have no chance of winning but if it goes by hard photographic evidence then I may stand a chance as I know there's no real documented evidence to show me on my phone or driving dangerously etc.

Sorry for the late reply been at work, I received a single justice procedure notice, being charged for 2 offenses which are driving with undue care and attention and also using a mobile phone whilst driving.

I would like to know how likely of a chance I have to win a not guilty plea. if I was to deny the offenses. In the statement from the officer (who was driving passenger in unmarked car) he states he saw me pressing the buttons on the phone sending a text whilst driving and as he came up behind me he saw the vehicle swerve into the 4th lane with the 2 tyres going into the 4th lane and then correcting myself back into the 3rd lane.

In my defense I can admit I swerved but it was only because they where approaching me to the side of me and matching speed with me at 70mph so I panicked a little as its not normal for a car to just pull alongside you on a motorway. My phone was lit on the passenger seat as I had the satnav up and the car was fully tinted front and back so maybe the officer could have mistaken a text message for the satnav and saw the back light assuming I am using the phone. When I was stopped I did show recent messages and a text was sent 2 minutes before I was stopped however I sent that via hands free feature all connected up to the cars aftermarket stereo. So it would be a their word against mine sort of situation so I just want to know how this would go about in court. I am already on 6 points and can't afford another 6 or a ban!

At the absolute worst case if I have to accept 1 of the offences I would accept careless driving as I did swerve out of panicking and corrected myself straight away but I really don't want to go down for using a mobile phone so someone please advice me on this, desperate needs, I would be very greatful.

The court will either believe the officer(s) or believe you. Nobody here can say which way they’ll go.

Is the evidence supposed to be shown to me with the single justice procedure notice as I haven't got any of the evidence they may have so can't see what they are relying on?

I would rather fight it as I'm already at 6 points so even if I receive fixed penalty I'm looking easy 3 points on careless driving and 6 points for mobile phone use so that would put me at 15 points which I would be banned for so if there's a chance to fight I rather take it.

Sorry I hadn't noticed you have an SJPN.

Yes, the evidence should be served along with that notice. If it has not, contact the police.

In the event you are convicted of both offences you will not get points for both of them. You will only get points for the most serious, which in your case will almost certainly be the mobile phone offence (from your description, you are unlikely to see more than six points imposed for careless driving). This of course will still see you facing a "totting up" ban" so the only way to avoid that is to avoid conviction for the phone charge.

You should be aware of the potential cost of failure. You will face an income related fine of half a week's net income for each offence. You will also pay a surcharge of 40% of the total fines. The court may reduce this a little since the offences were committed at the same time, but you cannot depend on it. The prosecution will ask for costs which will be around £650. So if you have an income of £500 per week you are looking at a total of around £1,350.

You need the evidence before you can decide whether either charge is worth challenging.

Are you aware that you can avoid a "totting up" ban if you can convince the court that you or others will suffer "exceptional hardship" if you are disqualified?

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.

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.