Hi
ive got a court case comming up soon.
ive been accused of driving while talking on a phone. The problem is i wasent but how can i prove it. I was driving along with the window down and my arm was on the side door and i was resting my head on my hand.
When the garda stopped me i totally denied it and was in shock - i though i did something else like run a red light or something. anyways i asked him to check my phone to see if there were any incomming or out going calls or texts and he wouldnt. Then he said you dont have to be actually making any calls just holding it is enough.
Then i asked my rights - as in can i refuse to accept the ticket - he said no - "Its the cart before the horse - you have to take the ticket and not pay it then prove in court that you didnt do it"
So here i am with a pending court case.
I asked him to write down the exact time i was stopped - so i can contact my phone company to detail a list of all incomming and out going calls at the time.
What other evidence can i bring??
Can i ask to do a lie detector test- Will they have these in the court?
Also im driving on a UK licience. Im irish but used to live in the UK for 3 years. Im back living in ireland for the last 3 years.
Should i have changed my licience over to an irish one by now? Will this matter?
I would of happily paid the fine and took the points if i did it but its the princible of the whole thing. Its going to cost me alot more to take a day off work than pay the fine and Ive better things to be doing than playing space invaders while driving a car.
Thanks,
Steve
....he said you dont have to be actually making any calls just holding it is enough. ...
No its not easier to swallow the bitter pill and its too late for that now.
Im sure the garda is right 95% of the time but this time he was wrong.
Consult with a solicitor who will liase with your mobile service provider in obtaining your phone records to assist in proving/disproving the allegation and who make representation in court on your behalf
Go to court and show this guy up for the idiot he obviously is. Phone records should be enough to prove your innocence if you didn't have any outgoing or incoming calls around that time. Point out the fact that he refused to check your phone effectively forcing his authority on you. Why would you be holding your phone to your head if you're not making a call?...madness! It's about time people stood up to this sort of nonsense.
...but sometimes you are better off taking the lesser of two evils...
ok thanks - i was thinking of not employing a solicitor and just representing myself. would this be a bad idea? I never been inside a courtroom so i dont know what to expect.
ok thanks - i was thinking of not employing a solicitor and just representing myself. would this be a bad idea? I never been inside a courtroom so i dont know what to expect.
Ok then take your chance and be ready for the very real possibility of a higher fine and increased points penalty.
I'm not having a go, but it's this sort of attitude that's to blame for this sort of situation. If more people stood up to this sort of rubbish, then maybe the courts would take notice.
he cant get ANY penalty points he has a uk driving licence.
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