wrongly accused of using mobile while driving
Discussion
Just over three weeks ago I was pulled over on my way home from work. The reason was the officer said he seen me on Facebook on my phone. The problem been i really wasnt on my phone. It was at night and my car has blue LED light in the door card which lights the back of my hand up blue when it's on my lap or arm rest. I told the officer I wasn't on my phone but he just got cocky with me saying don't talk s
t I seen you. Needless to say the conversation got a bit heated between us as I go nuts when accused of something I didn't do. He ended up storming off saying get out of my site now your getting six points and a £200 fine. This was over three weeks ago and not heard anything. I've chewed over it ever since as why should I accept six points and £200 fine for something I didn't do but if I take it to court it's my word against his and I could walk away even worse off. What the f**k should I do. Also should I have heard something by now been over three weeks ?
t I seen you. Needless to say the conversation got a bit heated between us as I go nuts when accused of something I didn't do. He ended up storming off saying get out of my site now your getting six points and a £200 fine. This was over three weeks ago and not heard anything. I've chewed over it ever since as why should I accept six points and £200 fine for something I didn't do but if I take it to court it's my word against his and I could walk away even worse off. What the f**k should I do. Also should I have heard something by now been over three weeks ?Gavd78 said:
The reason was the officer said he seen me on Facebook on my phone.
I very much doubt he saw you on Facebook. How would he know where to look?If you mean he accused you of using your mobile to access Facebook, how on earth did he get close enough to be so specific as to what you were allegedly looking at?
As to your question, do as the previous poster said. While you are waiting you can decide whether you want to pay a specialist motoring solicitor to defend you in court.
To be found not guilty you will need to cast doubt on the prosecution's evidence. Never suggest a police officer is lying: he is simply mistaken about what he thinks he saw.
Red Devil said:
Gavd78 said:
The reason was the officer said he seen me on Facebook on my phone.
I very much doubt he saw you on Facebook. How would he know where to look?If you mean he accused you of using your mobile to access Facebook, how on earth did he get close enough to be so specific as to what you were allegedly looking at?
As to your question, do as the previous poster said. While you are waiting you can decide whether you want to pay a specialist motoring solicitor to defend you in court.
To be found not guilty you will need to cast doubt on the prosecution's evidence. Never suggest a police officer is lying: he is simply mistaken about what he thinks he saw.
JeremyH5 said:
How about presenting a photograph of what you describe with your hand on your lap lit by the blue LED?
For the future put black tape over the LED. What on earth is it for anyway, sounds like a visual distraction.
If it is a BMW, it runs around the entire dash and doors so you can't tape it off. You can change the colour to white or orange though, not sure how relevant that is but given that the Facebook theme is blue it might take that bit away.For the future put black tape over the LED. What on earth is it for anyway, sounds like a visual distraction.
REALIST123 said:
Red Devil said:
Gavd78 said:
The reason was the officer said he seen me on Facebook on my phone.
I very much doubt he saw you on Facebook. How would he know where to look?If you mean he accused you of using your mobile to access Facebook, how on earth did he get close enough to be so specific as to what you were allegedly looking at?
As to your question, do as the previous poster said. While you are waiting you can decide whether you want to pay a specialist motoring solicitor to defend you in court.
To be found not guilty you will need to cast doubt on the prosecution's evidence. Never suggest a police officer is lying: he is simply mistaken about what he thinks he saw.
Fermit and Sexy Sarah said:
I'm pretty sure that you could prove your case. Couldn't your service provider provide usage data to show your phone wasn't connected to the internet/FB at the minute he accused you that it was?
Phones don’t need a user to be using data - many apps run in the background using data, like email fetch, push notifications etc etc, so it’s entirely possible the phone was using data at the time even if it’s locked and in a pocket, not in use. I’d hate to make the suggestion data usage and phone usage are interchangeable!OP, sounds simple, make a video of how these LEDs appear from outside the car at night, showing that there’s no phone in use at the time.
No need for a producer nowadays, in most cases, your driving licence, insurance , MOT and road tax details are available either via a radio check or on the officers smart device.
In most Police Force areas you would have been handed a notice informing you what offence you were reported for. I'm guessing it wasn't a traffic officer that stopped you.
I take it when stopped your mobile phone was clearly obvious in it's hands free cradle on the dash? or was it in the drivers door pocket? between your legs?
Anyway, it's more likely that the offence is not being in proper control because it doesn't sound like the officer can prove what app/webpage he/she thought you were accessing. If its a blue Facebook colour glow from your lap, then that's not enough to prove the offence. The officers report should be scrutinised for the points to prove before it gets to any ticket/court process, and on what you've said, the supervisor should throw it in the bin
Many drivers who place their phone on their right thigh whilst checking emails/Facebook etc as they drive thinking no-one is going to know, are so obvious by the amount of time they spend staring down. Sit in rush hour traffic and check them out, or commute on a motorcycle like me and see it in almost every other car.
In most Police Force areas you would have been handed a notice informing you what offence you were reported for. I'm guessing it wasn't a traffic officer that stopped you.
I take it when stopped your mobile phone was clearly obvious in it's hands free cradle on the dash? or was it in the drivers door pocket? between your legs?
Anyway, it's more likely that the offence is not being in proper control because it doesn't sound like the officer can prove what app/webpage he/she thought you were accessing. If its a blue Facebook colour glow from your lap, then that's not enough to prove the offence. The officers report should be scrutinised for the points to prove before it gets to any ticket/court process, and on what you've said, the supervisor should throw it in the bin
Many drivers who place their phone on their right thigh whilst checking emails/Facebook etc as they drive thinking no-one is going to know, are so obvious by the amount of time they spend staring down. Sit in rush hour traffic and check them out, or commute on a motorcycle like me and see it in almost every other car.
Pistonheads has a blue theme just saying
So when youre in court you will get away with it by telling them actually you were on Pistonheads and then the officer will have a red face because he thought you were on facebook but actually you were on pistonheads so his information was incorrect and the case will be thrown out.
Maybe.
So when youre in court you will get away with it by telling them actually you were on Pistonheads and then the officer will have a red face because he thought you were on facebook but actually you were on pistonheads so his information was incorrect and the case will be thrown out.
Maybe.
Light from smartphones is blue anyway so it being a blue glow wouldn't stand up as evidence of Facebook specifically.
One thing you've got to watch is that by the sounds of it even if your account is true you're admitting to holding the car with only one hand on the wheel, so be careful they don't try and hit you with a Due Care offence instead. Rock/hard place. I've been threatened with that by police a number of times in the past, though admittedly not recently, I used to get stopped quite a lot as a teenager because for a couple of years I looked too young to be driving. Not any more sadly!
One thing you've got to watch is that by the sounds of it even if your account is true you're admitting to holding the car with only one hand on the wheel, so be careful they don't try and hit you with a Due Care offence instead. Rock/hard place. I've been threatened with that by police a number of times in the past, though admittedly not recently, I used to get stopped quite a lot as a teenager because for a couple of years I looked too young to be driving. Not any more sadly!
the tribester said:
Many drivers who place their phone on their right thigh whilst checking emails/Facebook etc as they drive thinking no-one is going to know, are so obvious by the amount of time they spend staring down. Sit in rush hour traffic and check them out, or commute on a motorcycle like me and see it in almost every other car.
Its quite funny to give a little beep on the horn and watch their little heads pop up and look round like meerkats.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff