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DIR Return to: Speeding and other criminal offences
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#Post#: 31045--------------------------------------------------
Re: 2 motoring offences
DIR By: Southpaw82
Date: July 24, 2024, 5:34 pm
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--- Quote from: Hussnainh8 link ---
> (yes the officers statement is against me but last time I
checked life didn't work on he said she said stories).
>
--- End Quote ---
Rubbish. Plenty of people are convicted based on the word of a
single witness. I’ve seen it a number of times myself.
#Post#: 31057--------------------------------------------------
Re: 2 motoring offences
DIR By: The Rookie
Date: July 25, 2024, 12:01 am
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--- Quote from: Hussnainh8 link ---
> if they recorded bodycam footage
>
--- End Quote ---
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.
#Post#: 31058--------------------------------------------------
Re: 2 motoring offences
DIR By: 666
Date: July 25, 2024, 12:55 am
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--- Quote from: Hussnainh8 link ---
>
>
> 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.
>
>
--- End Quote ---
In your OP the phone was on the passenger seat. Which version is
true?
#Post#: 31060--------------------------------------------------
Re: 2 motoring offences
DIR By: NewJudge
Date: July 25, 2024, 2:23 am
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--- Quote ---
> ....but last time I checked life didn't work on he said she
said stories).
--- End Quote ---
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).
#Post#: 31092--------------------------------------------------
Re: 2 motoring offences
DIR By: Hussnainh8
Date: July 25, 2024, 4:44 am
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--- Quote from: 666 link ---
>
> [quote author=Hussnainh8 link=topic=2572.msg31039#msg31039
date=1721858718]
>
> 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.
>
>
--- End Quote ---
In your OP the phone was on the passenger seat. Which version is
true?
[/quote]
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.
#Post#: 31096--------------------------------------------------
Re: 2 motoring offences
DIR By: 666
Date: July 25, 2024, 4:53 am
---------------------------------------------------------
--- Quote from: Hussnainh8 link ---
>
> [quote author=666 link=topic=2572.msg31058#msg31058
date=1721886904]
> [quote author=Hussnainh8 link=topic=2572.msg31039#msg31039
date=1721858718]
>
> 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.
>
>
--- End Quote ---
In your OP the phone was on the passenger seat. Which version is
true?
[/quote]
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.
[/quote]
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."
#Post#: 31109--------------------------------------------------
Re: 2 motoring offences
DIR By: The Rookie
Date: July 25, 2024, 5:51 am
---------------------------------------------------------
--- Quote from: Hussnainh8 link ---
>
>
> 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.
>
--- End Quote ---
'On the door panel'? That seems a strange place to put it, and
not very secure. Almost incredible.
#Post#: 31120--------------------------------------------------
Re: 2 motoring offences
DIR By: NewJudge
Date: July 25, 2024, 6:32 am
---------------------------------------------------------
--- Quote from: Hussnainh8 link ---
>
> 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.
>
--- End Quote ---
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?
#Post#: 31123--------------------------------------------------
Re: 2 motoring offences
DIR By: andy_foster
Date: July 25, 2024, 6:53 am
---------------------------------------------------------
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)?
#Post#: 32467--------------------------------------------------
Re: 2 motoring offences
DIR By: Hussnainh8
Date: August 6, 2024, 12:01 pm
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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.
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