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My mobile phone was coming out of the holder on my dashboard and I put it back in properly. I was stopped by the police and accused of using it. Do I have a reasonable chance in Court?
I have just received a letter from the police regarding a mobile phone incident which occured nearly six months ago. I was driving with both hands on the steering wheel when my phone started falling out of the holder. As the holder is situated on my dashboard to the right I took hold of it and put it back in properly. I have been accused of using my mobile while having both hands on the wheel. It is also said that the officer asked me for my phone and I gave it to him, when actually he asked me where it was and I told him it was in my car so he went and retrieved it. The only check on my phone was what calls had been made, there was a call which was four minutes before I got stopped but no check was done to see how long the call duration was. Do you think I have a reasonable chance in Court?
It's not an offence to hold a phone whilst driving. It's only an offence to actually use it ...
If you are of good character you stand a good chance of defending it. You only have to cast a doubt, the officer has to prove his case beyond reasonable doubt.
I have a 95%+ success rate in defending matters where I advise clients to plead not guilty. Come back to me if you want a free advice call.
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Answered by: Emma Patterson
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