So I got some legal advice this morning. I was basically told to send a letter to expiation branch explaining my side of the story which is pretty much pointless but worth a try. Then elect to be prosecuted which lifts the fine and sends it to court then I will receive a summons to court, then send another letter to the prosecutors, hopefully they drop the charges if they read my side before the court date, then if not, il habe to go to court and argue my side, he has no proof that I was using my phone, only that I was doing 'something' on my lap out of his sight which he assumed was me texting.
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Exactly. There is no solid proof that I was using my phone
OPEL ADDICT 1994 CORSA B 1.5D (ENGLAND) 2001 CORSA C 1.2L (ENGLAND) 2004 CORSA C 1.4L (SOLD) 2004 3.2 V6 VECTRA GTS (SOLD)
1994 CORSA B GSI C16 CONVERTED TO Z18XE (SOLD) 2001 ASTRA VAN Z16SE (CURRENT)
This just shows they are filling their quota. Not a case of they got no proof.... it's up to you to prove you werent using a phone.
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http://www.opelaus.com/forums/showth...554#post821554
I'm guessing the other thing that could be working in your favour too Adam, is that when the cop pulled you over and asked if you know what he pulled you over for, you probably said no you don't. From what I've been told, if you say yes I was using my phone or I was speeding, etc, you've screwed yourself in admitting guilt to the offence he'll then slap you with. Cops will do anything to get an admission of guilt as it will make the fine stand up in court. If they can't get said admission of guilt, then it's apparently up for dispute in court and the onus of proof is then on the police officer.
Also, I believe at the time that you were pinged, there was a SAPOL operation underway specifically targeting the use of phones whilst driving. Whether or not this could affect your case, I don't know.
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Not strictly true, dutchy. I pull up alongside people at the lights, and they've got their mobiles on their lap and they're busily tapping away. Taking a reading on your mobile monitor would look similar. As these people keep sitting at the lights (finishing their texting or Facebooking) long after the lights have changed, but can hide the mobile fairly quickly, I say book 'em and let 'em fight it in court. There are the odd Mars Bar and blood monitor mistakes - which should be able to be rectified quickly. But, 98% of the time, it's mobile phone usage.
But Adam should have quickly gone in to either his doctor, blood specialist, or the guys who sell the monitor - to make sure he has a definite correct time for when he took his test that he was booked for. If you think someone's done you wrong, you prepare to defend yourself, by making sure you have evidence to the contrary. Then he can do what DRMAT said. If you don't go on the front foot, then it's the same as giving up and paying the fine.
There are only 10 types of people in the world:
those who understand binary;
and those who don't.
it isn't cheap to go to court if you happen to lose. bear that in mind
There are only 10 types of people in the world:
those who understand binary;
and those who don't.
So... thought this had been dropped due to lack of evidence or whatever.
Couple of days ago I got a knock on the door from 2 cops with a summons to attend court, mid january.
On the summons there is a statement from the cop saying he was standing on the footpath which he wasn't. He was crossing the road from the centre median strip where there had been a breakdown/accident. He then goes on to say he witnessed me holding the phone in my right hand, holding it to my right ear on a call and when he got to the car I ended the conversation. Iv brought up my phone bill with the breakdown/records and there is no call history for the date I was done, never mind the time I got done. The closest phone calls were the day nefore and day after...
Would this be enough proof in court that I wasnt using my phone?
Is there anything I can do to save the hassles of going to court etc? Would taking my phone records into the local cop shop with the summons and statement benefit me in any way? Could the police drop the charges etc?
OPEL ADDICT 1994 CORSA B 1.5D (ENGLAND) 2001 CORSA C 1.2L (ENGLAND) 2004 CORSA C 1.4L (SOLD) 2004 3.2 V6 VECTRA GTS (SOLD)
1994 CORSA B GSI C16 CONVERTED TO Z18XE (SOLD) 2001 ASTRA VAN Z16SE (CURRENT)
Maybe try discussing with the actual officer who is alleging against you? The event happened long enoygh ago I'm sure details like where he was wouldn't be in his memory. If he was in the median it makes more sense with him saying right hand and right ear.
Doubt they have the time to discuss though, that's what court is for
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