I was adjusting my earring while trying to put my Bluetooth in my ear when a police officer flagged me down and gave me a ticket. I have now been summonsed to Court. What should I do now?
I was adjusting my earring while trying to put my Bluetooth in my ear when a police officer drove past on a motorcycle. He drove up the road a few yards and made a u-turn, then flagged me down and asked me to pull over. At that stage I knew he assumed that I was on the phone. I told him that I was adjusting my earring which he told me I was not, I was on the phone. I did not dispute that I was on a call but I explained I was adjusting my earring and the Bluetooth. To avoid going round in circles, as the officer was becoming a bit aggressive and intimidating, I accepted the ticket and explained that I will not pay the fine but will appeal against it. I have now been summonsed to Court. What would you advise me to do?
The officer has to prove beyond reasonable doubt at a trial that you were using the phone whilst driving the vehicle. You only have to cast a doubt in the minds of the Magistrates to be aquitted. This will involve you cross-examining the officer on his account of events and then giving your own evidence. After you have given evidence you will be cross-examined by the Crown Prosecution Service lawyer. If you are a woman of good character you are entitled for the Court to give extra weight to your account of events.
Come back to me for a free advice call. In the meantime I will try to call you.
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Answered by: Emma Patterson
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