Can I dispute a fixed penalty notice issued for using a mobile phone whilst driving?
I was issued a Fixed Penalty Notice by a police officer which details code 302, with the handwritten explanation of "using a handheld mobile phone whilst driving". The time stated is 0940. I have checked with my mobile provider, and their records say a call was made at 0934 which lasted for four minutes 25 seconds, so technically I wasn't on the phone at 0940. Is there anything I can do to avoid getting the three points?
Asked on 14 September 2010 by davo21
Answered by
Lucy
The clue to this question lies in the word "technically". If you were in the car and driving then the error in the recorded time of the offence won't help much. The court won't expect the officer to be accurate to the second (or even the minute). Whether you can do anything depends on whether you can cast doubt on whether the officer saw you or not.
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