I'm an innocent man !!

Freemount09

Hi guys,
Abit of advice needed please.

Motorbike cop stopped me the other week and said he saw me on the phone, while at the lights around the corner. I was shocked and said he must be mistaken.

I showed him I have a bluetooth hands free kit in my car - hense I wouldn't have my phone up to my ear. He said he knows what he saw !

I offered him my phone to check the records but then he said I don't have to be on the phone just holding it!

I wrote to super-intendant pleading my case and asking him can he cancel the fine being issued.

Got a letter in post saying after an 'investigation' he can see no reason to drop the charge.

My question is should I just pay the 60 quid and get 2 points or go to court and risk the fine and points doubling ?

Is there any other consequences to not paying ?

What is likelihood of judge taking my side ?

Cheers guys !

Da Bounca

If you weren't holding the phone, then by no means should you have to pay the price. I would say you'd have more hope of getting the case dropped if you were to contact the garda in question directly.

Bosco boy

If was me and I wasn't on the phone I would go to court and give evidence that you weren't regardless of the extra penalties even if it's only on a point of principle. It's quite possible the Garda thought you were holding the phone, u may have had you hand up to the side of your face and he/she was mistaken, i'd bring your phone bill covering the days calls and it will prove at least that you hadn't dialled a number, I think a reasonable judge would have some doubt and give you the benifit of it, but it would be no harm to talk to a solicitor.

detective

I was driving a patrol car with my observer one day. We were specifically targeting this offence. I won't say where but it was on a national road. At the same time we both said to one another "there's one". So we pursued the vehicle in question. I knew it was a black phone with a silver lining. We were driving behind it for a while as we knew there was a hard shoulder coming up. He even went around two roundabouts and still on the phone.

Anyway.... we eventually pulled him over. Same thing as here. He was adamant he wasn't on the phone. He offered for me to look at his calls. There was nothing on the phone log. He pointed out his bluetooth device. Black phone with silver lining down its side. I'm still thinking to myself "but this guy was defo on the phone". It wasn't a split second thing either we were pursuing for something like 3 minutes maybe.

Again he wrote to the Superintendent. He asked me for my version of events. The charge stood. We went to court a few months later. Both my colleague and I gave evidence on the day and basically said what I've said here. The defendant gave his version. He got off! The only case I've lost so far so I remember it very well.

Now he was definitely on the phone in my eyes but my point is you could easily win. Don't pay a fine if you didn't do it! We make mistakes too!!!

Tom Young

Next one of the regular posters above who gives advice, whether right or wrong, in breach of the charter will be infracted, then banned. OP - NO ADVICE.