My son is being wrongly prosecuted for using a mobile phone whilst driving - can he contest this?
My son has been accused of holding and using his mobile, whist driving. This, he emphatically denies, pointing out to the three constables that his van is equipped with hands-free via Bluetooth. Despite protesting at the time that seeing clearly into the van's windscreen is very difficult unless viewed from straight in front, (which they weren't), why would he hold the phone anyway? They have sent him a three point and £60 fixed penalty notice, which in the circumstances is outrageous.
I advised a meeting with a solicitor, who told him on the phone that the cost would be £100 plus VAT. If this goes to magistrates court, the Beak will take the copper's word, three against one and the old pals act coming into play. This is blatantly wrong and unfair. Any suggestions?
I advised a meeting with a solicitor, who told him on the phone that the cost would be £100 plus VAT. If this goes to magistrates court, the Beak will take the copper's word, three against one and the old pals act coming into play. This is blatantly wrong and unfair. Any suggestions?
Asked on 12 January 2013 by CK, via email
Answered by
Honest John
All the reports I have is that this will be a loser. It's outrageous. Basically someone very rich needs to take a case like this to appeal in order to set case law requiring phone record evidence or clear photographic evidence of the offence, not merely observation.
Similar questions
Yesterday, my neighbour received a letter accusing him of using a mobile while driving. It was a vehicle he has never owned or drove, what is his next step?
I’m devoting most of this week’s column to an injustice briefly touched upon on 12th January (‘Wrong Arm of the Law’). It seems that drivers are increasingly being bullied into accepting fixed penalties...
The letter from CK about being accused of holding and using his mobile phone when he was not, reminded me of an incident involving my brother some years ago. He was driving with his elbow on the window...
Elsewhere on 
