Is there any way you can establish from your phone that the text was sent via voice command. It might be in your Google assistant history. That could help.
Of course there are many other things you could have also been doing with your phone.
Okay that's fine... I will get the. Solicitor to check it all out and see what he thinks.
Have you already engaged a solicitor to deal with this?
I'm also a bit confused about the evidence. You said this:
I haven't got any of the evidence they may have so can't see what they are relying on?
And this:
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?
But prior to that you said this:
Just to clarify the exact wording of the officers statement reads...
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.
Are there any exceptions for the swerving offence? Something such as saw debris in the road or avoiding a pothole etc?
Something such as saw debris in the road or avoiding a pothole etc?
Given that neither of those things are true based on what you told us before, no.
You will have received the evidence that the prosecution intend to use, i.e. the officer’s statement. The prosecution isn’t obliged to disclose evidence to you, at this stage, that they do not intend to use; neither are they obliged to use any body cam evidence etc.
If you plead not guilty, the prosecution will review the evidence and will disclose to you anything that they intend to use, that undermines the prosecution case, or which supports your defence (assuming you’ve told them what it is). What other evidence there is that matches those criteria, who knows?
If you want anything else, you can ask for it but the prosecution don’t have to give it to you. In that case, you would have to convince the court that it ought to be given to you and make an application for a court order.
Hello guys
So 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.
He did say you can plead guilty at any time later in the process
This is true, but hopefully he also told you that the further into the process you go the smaller the discount will be off the fine? Also as the surcharge is a percentage (40%) of the fine that will increase as well.
33% discount now, 25% after the first hearing (which will be the single justice 'hearing' you can't attend) and 10% after trial starts. Also that prosecution costs will increase up to over £600 (if found or plead guilty) if the trial starts.
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.
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.
Why 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?
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?
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).
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?
Why 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.