Mobile phone use.
Discussion
Hi guys,
Recently my wife was given a FPN for "using a hand held phone whilst driving." She is contesting this and pleading not guilty on my advice after considering what she told me. The court date is next month however and i'm getting worried as to whether or not i made the right choice. She would probably pay the fine etc, just for an easier life but that is admitting guilt which i did believe she was not.
I'll give brief details,
She was travelling at about 50 mph on a single carriageway road the officers car was parked down a side road to her right I would guess about 25 metres he was on his own. My wife's vehicle could not be seen by the PC until almost directly in front of him as his view was restricted by a wall.
My wife says that her phone was ringing, her phone was in the driver door pocket and had not been touched since setting off on her journey. However at the moment she came into the PC's view she had raised her hand to her right ear to press the button on her Blue tooth headset. She was pulled and given a FPN. The officer was not in the least bit interested in anything she had to say. It is worth mentioning she was travelling with her mother who is saying the same thing.
My concerns are this,
1, Is there any legislation about the use of Wireless headsets?
2, Does a PC's evidence carry more weight in court just because he is a PC? Or is he the same as everybody else.
3, Does the fact that he was on his own and my Wife accompanied by her mother bear any significance.
4, Also the chain of events the PC has given in evidence are far away from what my wife and her mum say actually happened. Is this important or is the focus on the offence only?
Any advice would be much appreciated.
Recently my wife was given a FPN for "using a hand held phone whilst driving." She is contesting this and pleading not guilty on my advice after considering what she told me. The court date is next month however and i'm getting worried as to whether or not i made the right choice. She would probably pay the fine etc, just for an easier life but that is admitting guilt which i did believe she was not.
I'll give brief details,
She was travelling at about 50 mph on a single carriageway road the officers car was parked down a side road to her right I would guess about 25 metres he was on his own. My wife's vehicle could not be seen by the PC until almost directly in front of him as his view was restricted by a wall.
My wife says that her phone was ringing, her phone was in the driver door pocket and had not been touched since setting off on her journey. However at the moment she came into the PC's view she had raised her hand to her right ear to press the button on her Blue tooth headset. She was pulled and given a FPN. The officer was not in the least bit interested in anything she had to say. It is worth mentioning she was travelling with her mother who is saying the same thing.
My concerns are this,
1, Is there any legislation about the use of Wireless headsets?
2, Does a PC's evidence carry more weight in court just because he is a PC? Or is he the same as everybody else.
3, Does the fact that he was on his own and my Wife accompanied by her mother bear any significance.
4, Also the chain of events the PC has given in evidence are far away from what my wife and her mum say actually happened. Is this important or is the focus on the offence only?
Any advice would be much appreciated.
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