Driving and on phone

groomek

Got pulled over by the police a few min ago and was told that it was for being on the phone whilst driving.

I was shocked when he told me this as I wasnt on the phone and tried to argue with him that I never use the phone when im driving.I was told that they saw me and that was it.
He took my details and said id recieve a fine in the post.

I couldnt believe he said I was on the phone and im really pissed off.

What are the chances of me winning an appeal in court or is that a waste of time?

Anyone know how much the fine and how many points will I get?

david

Just note the time and cross check it with an itemised phone bill. If you can't get a bill then take a photo of your phones call log from that time.

Richard

david wrote: »

Just note the time and cross check it with an itemised phone bill. If you can't get a bill then take a photo of your phones call log from that time.

And calls received too, as your bill won't have that.

Top Dog

groomek wrote: »

What are the chances of me winning an appeal in court or is that a waste of time?

Anyone know how much the fine and how many points will I get?

If you can get a log of incoming and outgoing calls at the time of the alledged offence, then you've a very good chance of it being thrown out of court.

Normally driving offences are a case of your word against the Garda, but in the case of being accused of driving while on the phone, you can actually gather genuine evidence to prove this did not happen.

Mr.Diagnostic

Call logs will prove you were not using your phone. From a judges point of view you could have been using any other phone. I imagine he would accept the evidence of the Guard.

It’s a crap situation but you would be better to accept it. The only other sensible route would be to contact the Guard and try to convince him.

groomek

I did have two phones on me at the time and it shouldnt be a problem getting an itemised bill.
Im just thinking if I go into court the guards word will be taken above mine.

Does the fine and points increase if I fail in the appeal

pab_lowe

Hi there, why would a guard issue a fine if he didn't see you doing what he said?
AFAIK, you don't have to be on the phone necessarily but holding a phone will count as an offence

groomek

I dont know why he issued a fine,maybe he thought I was on they phone.
The phones I had where in my bag which was on the floor on the passenger side.

I f I was on the phone Id hold my hands up and accept the fine but I wasnt and thats why im so pissed off

ArphaRima

I say fight it.

No way in hell would I pay a fine for something I didn't do. I'd pay 5 times more defending against it.

Victor_M

fluffer wrote: »

I say fight it.

No way in hell would I pay a fine for something I didn't do. I'd pay 5 times more defending against it.

+1 Fight it, there are so many goons that drive around unashamedly on the phone that never seem to get caught. Car kit's are so cheap these days that there is no excuse for it.

As a previous poster said get the itemised bills for both your phones and present them too the judge.

PCPhoto

i know it sounds silly - with the benefit of hindsight.......did you ask the traffic cop to check your phone (after he accused you of driving while using your phone)

I got pulled last week for driving in a bus lane - fair enough I did it ...6.40pm at night.... after I was pulled over he said ..... 1. you realise you nearly knocked over the cyclist - there was a cyclist travelling behind the cop car (how I nearly knocked him over is unbelievable) then he said I was on my phone while driving ..... without being cheeky I just offered my phone and protested my innocence (on that charge) ...... afterwards I got the feeling that he wanted to goto town on me (I drive a ford fiesta van - not a suped up boy racer by any stretch of the imagination and I wasnt speeding)

my advice is appeal it - but expect that you'll have a morning wasted by turning up to court anyway.

PS. Anyonw know what the fine is for driving in a bus lane ? (any penalty points ? )

PCPhoto

oh.... forgot to add .... what I think will probably happen is that you get the fine - goto the garda show him/her your evidence and tell him you were not on the phone - he'll look at it and say either:

a) its the wrong phone I saw you on the phone blah blah blah (I'm a cop and you're beneath me)...see you in court.

b) oh ! .... well...it..erm...seems like I made a mistake - dont worry about it.

Green Hornet

Same thing happened to me last year. Was stopped at traffic lights having just come out of the shower and there was water in my ear which I was trying to get out. Cops were at the other side of the junction.

Moved off and the cops stopped me and accused me of being on the phone. I was shocked and when I told them that I had water in my ear and wasn't on the phone I could see them stifling giggles. They believed me, probably because you couldn't make up something like that .

He asked where my phone was but didn't even wait for me to root it out of my pocket.

Made me think though. I would have been real pee'd off if he had done me!

groomek

I asked him if he wanted to see the phone but he said it wasnt his job to check or to prove I was on the phone,it was up to me to prove I wasnt on the phone when he saw me

He also said the 2 other guards in the car saw me aswell.All I can think of is he saw me scratching my ear but I think he was just a dick

MagicMarker

groomek wrote: »

I asked him if he wanted to see the phone but he said it wasnt his job to check or to prove I was on the phone,it was up to me to prove I wasnt on the phone when he saw me

I didn't realise they changed it to guilty until proven innocent now.

Angus MacGyver

I was in court a couple of months back and a guard had a lad up for bein on a phone while drivin around the walkinstown roundabout. The man said to the judge that he had his elbow up on the window and resting his head on his hand. He admitted that it was an unsafe way to drive.

The man then claimed that there wasnt even a phone in the car.

The judge threw the case out because it was the mans word against the guard and there was no evidence only the guards statement to prove he had committed the offence

dolby

david wrote: »

Just note the time and cross check it with an itemised phone bill. If you can't get a bill then take a photo of your phones call log from that time.

That is the worst advise ever, sure prove what phone she had at the time? Take your chance in court maybe you will get a fair judge!:rolleyes:

cbreeze

I just hate it when you see guards driving around talking on their mobiles

WHITE_P

MagicMarker wrote: »

I didn't realise they changed it to guilty until proven innocent now.

In my experience its always been guilty until proven guilty in the district courts in this country.

Mena

cbreeze wrote: »

I just hate it when you see guards driving around talking on their mobiles

Thing is they are legally entitled to do it, so it's neither here nor there in this argument.

Steve

groomek wrote: »

I asked him if he wanted to see the phone but he said it wasnt his job to check or to prove I was on the phone,it was up to me to prove I wasnt on the phone when he saw me

I would have thought he did have to provide proof in court.

He also said the 2 other guards in the car saw me aswell.All I can think of is he saw me scratching my ear but I think he was just a dick

And that's where he'll get it.

If you go to court and three guards testify that they saw you on the phone then I don't fancy your chances.

No need for the name calling either, it's just making me think you were actually caught, are píssed off over it, and are looking for some loophole here to get out of it.

groomek

I think I have every right to call him a dick as he acted like one.
Im not looking for any loophole and im just pissed off that he had the cheek to say I was using my phone and he didnt have to prove it

TheNog

groomek wrote: »

I think I have every right to call him a dick as he acted like one.
Im not looking for any loophole and im just pissed off that he had the cheek to say I was using my phone and he didnt have to prove it

The cheek to say you were using a mobile phone? What are ye like? The letter you will get in the post is essentially stating that it is believed you were using a phone and by paying the fine you are accepting your guilt. If you do not wish to admit guilt or are claiming to be innocent then let it go to court and plead your case.

Sometimes it appears people are using a phone when they have their hand to their ear. A shadow from that hand can appear black or grey which can be mistaken for a phone. I've made that mistake from time to time.