LEGAL HELP NEEDED

[JStav]

Justice has been served!

....Justice has a funny habit of only being served when it goes the way you wanted it to go.

The OP claimed he was innocent, and felt strongly enough about it to take it to court and represent himself.  The court agreed he was innocent.

Police can make mistakes and a court of law agreed this was the case.

Yes justice has definitely been done.

[RedRobin]

^^^^
I agree. In this case, justice has been done. And I am sure that the OP feels very relieved.

In fact, justice is seen to be done irrespective of the outcome. I think you may have missed my point.

[JStav]

^^^^
I agree. In this case, justice has been done. And I am sure that the OP feels very relieved.

In fact, justice is seen to be done irrespective of the outcome. I think you may have missed my point.

Well apologies if that is the case.  I thought you were saying justice was served because the OP got the outcome he wanted regardless of guilt, and not in fact that he had gained justice because he was innocent. 

[RedRobin]

^^^^
Apology graciously accepted   

The way of the courts of justice is that, having heard and considered all accounts, they then decide whether someone is guilty or innocent (sorry, I realise you know this already) and that's officially it. However, whether someone in truth is guilty or innocent is sometimes only known by those brought before the court. I'm trying to say that justice is always seen to be done but occasionally isn't done.

Did you ever watch the TV series "Silk" about barristers' life at the Bar? - Fascinating stuff. Also, "Garrow's Law" about the true life of the 18th Century barrister Sir William Garrow. He had a massive influence on the modern adversarial court system as we now know it. Of course, the British legal system does its very best to administer true justice but it's a very complex arena and we are all only human. It can get very technical and Judges and Juries are only human too.

[JoeDarKa]

Great news!

[tony_danza]

It's a shame you had to go to court, but I'm glad you did.

I'm very pro-Police, but it was fairly obvious they'd made a bad call and didn't want to be seen to back down. I hope your result teaches them a lesson.

[MC71]

^^^^ could not agree more, shame it had to go this far, pleased for you fella. 

[RedRobin]

.
I tend to think that, in hindsight, the Police did make a bad call. But it was ambiguous and I think they were right to go to court and that it was equally right for the OP to contest it in court.

Lesson to be learnt is not to drive around singing or talking with your head supported by your arm (in mobile phone style) - It's sloppy driving anyway. I'm glad to hear that the Police are being more alert and active towards what they see as mobile phone use while driving.

All is well which ends well 

[pipston]

Lesson to be learnt is not to drive around singing or talking with your head supported by your arm (in mobile phone style) - It's sloppy driving anyway.

everyone is human, I dont know a single person who sits rigidly upright holding the steering wheel at ten to two, mirror signal manoeuvre etc etc etc, give the guy a break.

[RedRobin]

Lesson to be learnt is not to drive around singing or talking with your head supported by your arm (in mobile phone style) - It's sloppy driving anyway.

everyone is human, I dont know a single person who sits rigidly upright holding the steering wheel at ten to two, mirror signal manoeuvre etc etc etc, give the guy a break.

....I was actually addressing everyone when I said that the positive lesson to be learnt was... etc. Surely the OP would be inclined to think the same after his experience? I know that is what I would learn by it.

Either way, 99% of the time I drive with my hands at quarter to three on the steering wheel (easy on the GTI wheel because it's ergonomically designed to encourage that) and it's a very easy habit to get into. And I never listen to radio or music while driving. The mirror signal manoeuvre etc is surely what every good driver should consciously strive to do - My weakness is the wing mirror sometimes but I have an extra wide rear view mirror which helps. It's all part of the joy of driving. It's not a fecking armchair on wheels.

[tony_danza]

Hmm, but it's innocent until proven guilty - he could quickly demonstrate he'd not been on his phone and they were mistaken. It shouldn't have had to go that far.

[chungster]

.....so how much public money was wasted in taking this case to court I wonder??? 

[Tortaruga]

Glad you've got through this without a nasty fine and points. No more Oasis for you!

It's not a fecking armchair on wheels.

I've had a bad day and that just made me laugh! Thanks!

[Tamiyoman]

Congrats, but like others said, if the police had seen sense and realised they were wrong (after your offer to prove you were not on the phone) it would not have wasted your time and the public's money.

Hearing from friends of mine (2 Police officers and 1 lawyer) Police officers turning up half a day late for court appearances is normal practice  

Unmarked following you home on the same exact time you leave court after winning your case coincidence?  , sour grapes?  

[RedRobin]

Unmarked following you home on the same exact time you leave court after winning your case coincidence?  , sour grapes? 

....The same two officers who originally stopped you? Surely just leaving court the same time as you and going back to base.

How did you know it was Police if unmarked? Little blue lights hiding away? Or was it paranoia?

It's all very well to say it was a waste of time and public money after the event has been proved to be innocent but we must accept other people's points of view and not judge the Police as acting in a way to cover up their mistake. It doesn't mean that they weren't covering up but remember that everyone is innocent until proved guilty.

I think that the OP was absolutely right to have insisted on his innocence and on going to court. I think that it was absolutely right for the Police to prosecute as there was clearly an element of doubt. The court, as it is designed to do, dispensed fair justice. So I don't think this case was a waste of time or 'public*' money - (*It's no longer your money once it's handed over in tax etc).

As said before, I'm very glad to see that Police are coming down hard on mobile phone drivers. They were over zealous in hindsight but were doing their job.