3. 2 motoring offences
« previous next »
Pages: 1 2 [3]

Author Topic: 2 motoring offences  (Read 8329 times)

0 Members and 61 Guests are viewing this topic.

Re: 2 motoring offences
« Reply #30 on: »
Quote from: Hussnainh8 on July 24, 2024, 11:05:18 pm
(yes the officers statement is against me but last time I checked life didn't work on he said she said stories).

Rubbish. Plenty of people are convicted based on the word of a single witness. I’ve seen it a number of times myself.
Logged
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: 2 motoring offences
« Reply #31 on: »
Quote from: Hussnainh8 on July 24, 2024, 11:21:55 pm
if they recorded bodycam footage
Body cam footage from someone sitting in a car and looking sideways at you is unlikely to record anything but the dashboard I’d suggest. What do you think it could show that would help?

Don’t forget a solicitor gets paid (by you) whatever the result (heads they win, tails you lose), they will also cost you a similar amount to the fine and you probably won’t get it all back IF you win unless they are only charging the permitted rates.
Logged
There are motorists who have been scammed and those who are yet to be scammed!
Re: 2 motoring offences
« Reply #32 on: »
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?
Logged
Re: 2 motoring offences
« Reply #33 on: »
Quote
....but last time I checked life didn't work on he said she said stories).

It does in court, every day of the year. That's one of the main functions of the court - to establish whether he told the truth or she did.

Anyway, you have a solicitor and you should follow the advice given otherwise you are wasting your money (bearing in mind the solicitor gets paid whether you are found guilty or not).
Logged
Re: 2 motoring offences
« Reply #34 on: »
Quote from: 666 on July 25, 2024, 06:55:04 am
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.
Logged
Re: 2 motoring offences
« Reply #35 on: »
Quote from: Hussnainh8 on July 25, 2024, 10:44:14 am
Quote from: 666 on July 25, 2024, 06:55:04 am
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.
Really?

What you told us originally was "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."
Logged
Like Like x 2 View List
Re: 2 motoring offences
« Reply #36 on: »
Quote from: Hussnainh8 on July 25, 2024, 10:44:14 am

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.
'On the door panel'? That seems a strange place to put it, and not very secure. Almost incredible.
Logged
There are motorists who have been scammed and those who are yet to be scammed!
Re: 2 motoring offences
« Reply #37 on: »
Quote from: Hussnainh8 on July 25, 2024, 10:44:14 am
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.
No doubt your solicitor will advise you but you need to get this straight.

The law saws nothing about “holding” or “touching” a phone. It simply says you must not “use” a hand-held device whilst driving. It goes on to provide a non-exhaustive list of actions which are considered “using”. What it does do is sets out a definition of a hand-held device, which is this:

“a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;”

So is your phone entirely hands free? Or does it have to be held at some point to carry out all its functions?




Logged
Re: 2 motoring offences
« Reply #38 on: »
The intention behind "or must be", is clearly to cover potential situations where the driver caught driving whist using a device while not currently holding it, but must have been holding it and using it while driving at some point - much like not being in a position to be in proper control in cases where the driver could not have been in proper control but where swerving, etc. were not witnessed due to the road being straight at that point.

How many devices cannot be operated by voice control, or by touch screen without holding whilst in a cradle?

Taking the argument to its logical conclusion, if a driver initiates a call before he enters the car in a private car park, automatically connects to the car's bluetooth and then locks the phone in the boot before driving onto a public road whilst continuing the call, is this behaviour that Parliament intended to criminalise (ignoring the dangers of distraction from non-hand held calls, which is not specifically addressed)?
Logged
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
Re: 2 motoring offences
« Reply #39 on: »
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.
Logged
Re: 2 motoring offences
« Reply #40 on: »
Quote from: Hussnainh8 on August 06, 2024, 06:01:02 pm
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.
You can request it from the prosecution, if they decline you apply to the court to make them provide it (it may need a hearing) and the court decides whether it should be provided or not.

Generally you won’t get anything other than the initial evidence (you have now) until after your not guilty plea has been formally entered at the first court hearing.
Logged
There are motorists who have been scammed and those who are yet to be scammed!
Re: 2 motoring offences
« Reply #41 on: »
 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.
Logged
Re: 2 motoring offences
« Reply #42 on: »
But you are not blindfolded, you were there and know you weren't using the phone.
Logged
Re: 2 motoring offences
« Reply #43 on: »
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.
Logged
Pages: 1 2 [3]
« previous next »
  3. 2 motoring offences