LEGAL HELP NEEDED

[PDT]

If you represent yourself, the court will talk you through the process and help you out as much as possible while you are there. They will ask you to stand and give you a chance to say anything you like and ask you leading questions to which you can answer.

If dates are incorrect they may well throw the case out as Judges HATE dealing with mistakes made by the CPS and the police.

[edd666999]

do your phone records show all incoming and outgoing calls and texts?

[R32UK]

speak to a solicitor that specialises in motoring offences. 

[garrardrj]

do your phone records show all incoming and outgoing calls and texts?

Using a phone while driving does not have to be calling or texting as in the old days .
You can be found guilty for having it in your hand , listening to your music , using your apps etc etc
Your records will show perhaps that you were not texting or calling someone . Does it show incoming and outgoing .

Cases have to be proven by the prosecution (and beyond any reasonable doubt) and not by you proving you weren't doing what they say . You need to be able to put doubt into the mind of the Magistrate and that they believe what you say . What did you tell the officers you were doing then at the time ? What you said should have been recorded on their notes , if not why not .

[edd666999]

do your phone records show all incoming and outgoing calls and texts?

Using a phone while driving does not have to be calling or texting as in the old days .
You can be found guilty for having it in your hand , listening to your music , using your apps etc etc
Your records will show perhaps that you were not texting or calling someone . Does it show incoming and outgoing .

Cases have to be proven by the prosecution (and beyond any reasonable doubt) and not by you proving you weren't doing what they say . You need to be able to put doubt into the mind of the Magistrate and that they believe what you say . What did you tell the officers you were doing then at the time ? What you said should have been recorded on their notes , if not why not .

Well as their statement says that he had the phone up to his ear and he was engaging in a conversation, they can hardly now say he was playing tetris.

Providing phone records show both incoming and outgoing calls, missed or otherwise he is pretty safe.

[RedRobin]

.
I have to say that, regardless of the facts and outcome of this particular case, I'm very glad indeed to read of cases of the Police 'pulling' drivers for using their phones.

It will be very interesting to hear later how today went in court.

[markfive]

If the police have made an error in the information they have submitted to the court then it would be worth pointing this out to the court ASAP - with a suggestion that a procedural impropriety has occurred.

If I were a judge, or a lawyer (and I'm neither) then unless you have persuaded your phone company to provide the incoming call records for the date in question then the chances of you being able to win a case like this are small. You may well be able to prove that you hadn't placed a call, but the counter argument will be that you received a call rather than placed one.

If you get stopped for using a mobile phone then if the police have made a mistake IMO its better to sort it out at the time. Of course they are used to people arguing the toss. Be polite - show them the phone, where it was in the vehicle, what the time is set to and the incoming and outgoing call logs. If they say that you could have deleted the offending record then show them how that is done on your phone and point out that from the time when they signalled you to pull over to when you stopped you would not have had time to delete the record. Above all, stay calm. Do not argue with them, if they give you a ticket then take it but maintain that you are innocent.

If the police haven't made a mistake, just admit your guilt, take the ticket and learn the lesson.

Sent from my Nexus 7 using Tapatalk 2

[Horatio]

Please update this thread. It would be interesting to see what the outcome is. GOOD LUCK MATEY! 

[garrardrj]

do your phone records show all incoming and outgoing calls and texts?

Using a phone while driving does not have to be calling or texting as in the old days .
You can be found guilty for having it in your hand , listening to your music , using your apps etc etc
Your records will show perhaps that you were not texting or calling someone . Does it show incoming and outgoing .

Cases have to be proven by the prosecution (and beyond any reasonable doubt) and not by you proving you weren't doing what they say . You need to be able to put doubt into the mind of the Magistrate and that they believe what you say . What did you tell the officers you were doing then at the time ? What you said should have been recorded on their notes , if not why not .

Well as their statement says that he had the phone up to his ear and he was engaging in a conversation, they can hardly now say he was playing tetris.

Providing phone records show both incoming and outgoing calls, missed or otherwise he is pretty safe.

Where have you read what the Police statement says/states ? I haven't seen it . The OP has said what he was doing not the Police !

[RedRobin]

.
Well, we'll hopefully hear what happened today in court at some stage this evening, or at least the OP's account of what happened.

I can't help wondering that if the CPS/Police feel they are on weak ground and that if they want a successful prosecution, they may add the charge of Driving Without Due Care and Attention. But perhaps all charges have to be declared before any court hearing - I've forgotten as it's so long since I have had any court experience. It's a charge which is always very open to interpretation but if someone is seen driving with head held in hand it seems to me to be potentially justifiable. There have been successful prosecutions for things such as eating while driving.

[patrickcullen87]

well waited 2 and a half hours to be called up to the judge sitting in a roasting hot court room, judge called me up and cnfirmed my name, then asked if i was ready to go to trial which i replied yes then he said bring all evidence or witnesses at the trial date then told me that was me. lasted a whole 2 minutes!! n and a half hours wait just for a 2 minute speach (if even 2 minutes) what a waste of time!!

[RedRobin]

^^^^
Not a waste of time. Had you not bothered to turn up, the court might immediately feel a bias against you at the next hearing. It may be viewed as disrespectful to the court. It's a 'waste' of their time as well as yours.

I thought it might be just a formality like that but what some others posted caused me to think that you might have been given the opportunity to say something. Was it that you simply weren't given that opportunity or that you clammed up? (no shame in that, some people find such experiences very daunting).

When is your "trial"? - It sounds as if you are on a serious criminal charge!

Thanks for keeping us all updated up here in the gallery!

[patrickcullen87]

^^^^
Not a waste of time. Had you not bothered to turn up, the court might immediately feel a bias against you at the next hearing. It may be viewed as disrespectful to the court. It's a 'waste' of their time as well as yours.

I thought it might be just a formality like that but what some others posted caused me to think that you might have been given the opportunity to say something. Was it that you simply weren't given that opportunity or that you clammed up? (no shame in that, some people find such experiences very daunting).

When is your "trial"? - It sounds as if you are on a serious criminal charge!

Thanks for keeping us all updated up here in the gallery!

A simple letter would have been sufficient...a whole day off work for 2 minutes lol no they never gave me a chance to speak. He asked me 2 questions, to confirm my name address and if i was ready for the trial. My trial is the middle of September, hopefully with my evidence i should be ok 

[Horatio]

Welcome to world of Legalese. Let the games begin. You should have presented a Bill for your time to the Judge LOL

[andrewparker]

I have to say, I've a lot of respect for you not taking it lying down, which after reading all this, is what I suspect I'd do in the same situation. Sounds like a whole load of hassle!