Using A Mobile Phone Whilst Driving
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Using a Mobile Phone Whilst Driving
Its an offence to "use" a mobile phone whilst driving, unless you are using the phone in a genuine emergency.
The police often make the mistake of assuming that "holding" a mobile whilst driving constitute the offence. It doesn't!!
We have won many cases where the police have only been able to prove that our client was holding and not using the phone.
The police are under a duty to fully investigate an offence, so if you are stopped and you deny that you were using your phone then you should offer the officer the opportunity to examine the phone and take down the number. If the officer fails to do this he/she will be failing in their duty to fully investigate.
If you can attend court with phone records to show that the phone in question was not used (in any way) around the time of the alleged offence then (as long as the magistrates believe you and accept the evidence) you should be found not guilty.
We have found that whilst you can get the outgoing records for your phone from your provider you probably wont be able to get the incoming records without making an application to the court for a witness summons. This focuses the minds of the mobile phone providers so that they produce the records exhibited to a statement for one of their member of staff.
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