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"Caught" Using my phone whilst driving 4 months ago...

4 months ago, I was waved down by a police officer who was waving down cars and told to pull into a car park which was fully hidden behind trees, as I turn the corner I see the car park full of cars, drivers looking very stressed and a lot of police. It turned out to be a sting operation (to catch drivers using their phone...) I park up confident I have committed no crimes or violations. A police officer approaches my window to tell me I've been told to pull over because I was seen to be using my phone. I ask, by who? when? and were? as this is HIGHLY unlikely as I am very serious about driving whilst using my phone, I have apple ear pods and a magnet that has my phone attached to the dashboard like an uber driver would. At 1 point my maps rerouted as there was a diversion and the only interaction I had with my phone was pressing the 'Yes' option to accept the new route. No phone calls, texts or app usage and I told the officer this and said the phone was never in my hand and on the magnetic stand at all times, she replied: "well an officer said he saw you." I told her I want to challenge this because this is ridiculous, and I'm not accepting it. I signed whatever they told me to sign n went on my way. A week later the letter turned up telling me I should either accept and comply or request a court hearing. After looking at previous cases of people going to court for similar issue's it didn't seem many people win this case. The letter says they will not show any evidence and will not discuss the matter as they are not required too. With the 2 options, I have, to comply(Accepting 6 points and a £200 fine) or request a court hearing, I initially was going to request a court hearing but then decided to do neither. If they want to take it further they will have to do all the paperwork, I will not be meeting them halfway.I honestly forgot about the whole thing, but today I was just getting up to date with all my errands when I remembered this. I checked my points online and I still have 0, there has been no contact or other letters.The operation was done so poorly I assume they must have had a lot of complaints/ appeals and court hearings.Is it possible that nothing may come of this? I assume that because I haven't chosen any option they would have to take this case to court themselves. If they have no evidence of me being on my phone then, what would they be using against me in court? Nothing on the letter states what happens if I don't choose an option so.... yeah

Reply 1

biggyK

This is a problem with dash mounted phones, yes they are perfectly legal yet if the police want to be awkward about it, they do this to you.

Best bet would be to get in contact with your phone company and get a record of all contact in regards to messages and phone calls. Then phone up a no win no fee traffic offences solicitor and ask if they can help.

If you weren’t on your phone, it seems wrong you should take 6 points for not committing a crime.

If the lawyer won’t take it on, go to court and just try your best. Worst case you get 6 points but at least tried I guess.

However I’m no legal expert so I’d strongly advise you enquire to the relevant people.

Good luck

Reply 2

JesseSW

This story actually is bizarre lol as much as I am against using a mobile phone while driving it's annoying to know that so many police resources are being used in such an operation. The fact that it happen 4 months ago I think at this point completely clears you and nothing will come of it. Even if you get a speeding fine etc if you have not received the letter within 2 weeks of the offence you are actually in the clear even if the letter comes months later.

Reply 3

IWMTom

You'll get a summons eventually.

Reply 4

Monarchy1

Hi, sorry just come across your thread. I have a similar situation with an officer whom seemed to have a bad day.If you don’t mind me asking what was the outcome with yours?

Reply 5

Stephfan_94

Hi guys, I’ve got a question my phone dropped from the phone holder. I took off my seatbelt to pick up the phone and believed I was flashed.

Can someone clarify if cameras flashes you like a normal speed camera, or am I tripping?