summons q

guil

prob bein brought up before but i was stopped in march in a truck, garda had another car stopped and told me to pull in,

anyway she came over and asked what i was doin on the phone, i wasnt, i had my elbow against the pillar and my head against my hand, i even handed her the phone to check it and she asked what would she want the phone for,

she told me to produce my licence and insurance cert which i did

last week i received a summons for usin a phone while drivin, what way do these usually go and have i any hope of disputin it

thanks for any input

B00MSTICK

I suggest you get on to your service provider and ask for a detailed list of your calls around the time of the alleged offense.

I'm pretty sure the onus will be on them to prove you were on he phone beyond reasonable doubt.

guil

B00MSTICK wrote: »

I suggest you get on to your service provider and ask for a detailed list of your calls around the time of the alleged offense.

I'm pretty sure the onus will be on them to prove you were on he phone beyond reasonable doubt.

i never actually thought of that

Damien360

Did you not get notice of fine first and points. Why has it jumped straight to summons.

Seth Brundle

The offence os for holding the phone not for using it. Whilst the call details would be a great help, it wouldn't totally remove the possibility of the charge going through.

guil

never got a fine in the door and just off the phone to meteor, said they can only give details of calls for last 6 months

Anan1

B00MSTICK wrote: »

I suggest you get on to your service provider and ask for a detailed list of your calls around the time of the alleged offense.

I'm pretty sure the onus will be on them to prove you were on he phone beyond reasonable doubt.

I like your thinking, but that'll only provide details of outgoing calls.

Stephen

The phone company will have details of inbound calls too, they just don't put them on your itemised bill.

bazjnr

Just to clear something up: the offence is HOLDING a mobile phone while driving. just holding it is an offence so getting phone records is a waste of time as you could be scrolling throught your phone book, calender etc. In fact technically speaking the phone could even be turned off and you could be scratching your ear with it but admittedly i have taken that to an extreme that i don't think any Garda would pursue!!:D

And holding is defined as manipulating the phone with any part of the body eg. resting on your arm, between your shoulder and neck plus my favourite one is those who put the phone on loudspeaker and hold it as if that isn't holding it somehow!?

But i can empathise with your situation guil i've seen lots of people done because of a Garda's poor eyesight. You say you just got the summons and not a fixed charge notice?- i would look into that further if i was you. i can't say anymore or your thread will be locked again for fear of giving legal advice;)