Kevxx
Member
Registered: 14th May 08
Location: Forfar, Angus
User status: Offline
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I was pulled over from the Police a few weeks ago, i'm a self employed driver. They said they had seen me using my mobile phone whilest driving. I told i wasn't, and show'd them the phone i use is built into my van. I pulled my phone from my pocket, and they said i was touching the screen. I told them again i deffo didn't and the phone was in my pocket the whole time.
i had a handheld computer gun in my hand at traffic lights, which i moved from doorcard to a charger on my dashboard, this is what i think they have seen.
now i understand it'll go to court, but this is a case of my word vrs his? So surely i'm fucked?
he has no other evidence, and at the time i tried to calmly say i wasn't using a phone, and he got rather angry with me.
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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Why didnt you tell him it was a handheld computer gun that he saw?
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IvIarkgraham
Premium Member
Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
User status: Offline
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i'd say you'd lose tbh
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Jonny.K
Member
Registered: 26th May 11
Location: Aberdeen City
User status: Offline
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thats shit:O take n points find out where he stays n poke his wife in the fukn eyes
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Sunz
Member
Registered: 12th Jan 07
Location: SE England
User status: Offline
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They could check from your mobile provider and see that you wasn't making any calls then I don't see how they have any proof to charge you.
I know you aren't allowed to use them full stop, be it for calls or playing snake, but just someone's word, could be a politician or a police offer, surely doesn't mean a thing without proof.
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Kevxx
Member
Registered: 14th May 08
Location: Forfar, Angus
User status: Offline
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I did tell the officer thats what he saw, and he just replied 'i know what i saw'
So basically, let this go to court, and hope it gets chucked with lack of evidence?
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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What do you mean by 'computer gun' ?
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Kevxx
Member
Registered: 14th May 08
Location: Forfar, Angus
User status: Offline
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Like what couriers or posties use
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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Ah right.
In that case, you'd be a bit stuck, as the law doesn't only apply to mobile phones, it applies to handheld devices capable of communication, so it covers PDA/Computers like you mentioned etc. Even covers sat navs to a certain extent.
Even if you're not talking on the phone or sending a text and only have the phone in your hands, its still an offence as 'using' it can mean just having it in your hands.
I'm not saying that its fair, but thats the way it is i'm afraid. You can take the points/fine on the chin or you can chance it in court, arguing that you were moving it to charger and that you were stopped at lights, but it might backfire and you could potentially get a larger fine and more points.
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Kevxx
Member
Registered: 14th May 08
Location: Forfar, Angus
User status: Offline
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This is why i asked, had a feeling it would draw out like this. I'd ask a lawyer for advice, but generally they want you to go to court, so they get paid.
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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Try the usual Pepipoo and Fightback forums, but I don't think i've missed anything.
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