How do I prove myself innocent? Driving while using a mobile phone?
- Friday, April 17, 2009, 20:12
- Telecom News
- 33 comments
I've been issued a FPN by the police for using mobile phone while driving,which is completely false because i wasn't on the phone that time.I never drive and talk on the phone.
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33 Comments on “How do I prove myself innocent? Driving while using a mobile phone?”
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Get a copy of your phone records and take it, along with your ticket which should have the time on it and go to court and present that to the judge.
well..they can check ur phone for records
OMG! I don't drive so I don't know but that is so unfair! I hope everything works out for you! Good luck! xxx
You ARE innocent until proven guilty. They can trace your call time.
Get a call log from your phone company stating which times/dates the phone was used.
What evidence do they have to convict you?
Get your phone bill and see if there is a conflict with the time of the ticket and your calls on the bill
Get your phone records and show them that you hadn't been talking on your phone for a while before or after the time when the ticket was issued.
I really dont know how you go about this. Maybe talk to a diffrent police officer about this
Ask your mobile operator for your phone records.
say you dont own a phone or you lost it…. do they have evidence ask them
go to court, and fight the ticket, your phone records should show it, that's a good idea
Get your itemised bill which should have the times that you were using the phone.
Then challenge it in Court. It's up to the police to prove that you are guilty, not to you to prove yourself innocent.
Take in your monthly statement, which will show you were not on the phone at that time.
You have it backwards. It's up to the officer to prove that you WERE on the phone. Innocent until proven guilty in the good old USA, remember? He's probably betting that you simply won't show and he'll get a default judgment.
Get a detailed phone statement and show that at the time the ticket was written you weren't on the phone. Also get a credit card statement and credit report proving you only own one cell phone. If you ca prove you only have one cell phone and that at the time the ticket was written, no calls were made from or to that phone, you are in the clear.
If your phone is on contract it will be quite easy to prove. The dates and times you were using your phone will be recorded on the bill.
If however your phone is pay as you go you will have to apply to your server for an itemised list of dates/times of usage which they should supply if you explain the circumstances.
I think that this will be the case of an officer seeing you on the phone and saying you where on the phone. You need physical evidence to contradict that. Get a copy of your phone record and the police report (your allowed to get it). Not the time on the report and compare it to the cell phone record. If you where on the phone within 15-20 minutes of the report time, your not doing so hot. If you have another witness who was with you and saw you where not on the phone take them with you.
You would have to get your mobile phone company to provide something showing that you were not on the phone at the time you received the citation.
Unfortunately, due to the fact that some people have multiple phones – or you might have been borrowing one, you might not be able to get off so easy.
But it might be worth a shot – good luck!
ask to see their evidence.
The FPN is only one alternative. They must believe they've got the evidence to convict you, so make 'em bring it. Tell them to take it to court, because you do not, and have not ever talked on the mobile while driving. Go to the police station, and tell 'em square to their face.
Either they'll believe you, or not. If not, they'll take some time to get their case together, and send you a summons for a court hearing, at which they've got to prove that you were talking on a phone whilst driving the car at the time they say you were. If they can do that, you're busted – and probably for a whole bunch more than £60 and 3 points, but if they can't your off the hook.
That should show up on your phone bill. Court is a month away, plenty of time for the bill to come in. Check old bills and see if 'time of all calls' was on them.
Take those in too.
But, beware, if I was judge, I would suppect you was just using somebody else's phone. You better look the part of a completely innocent person and act like it.
You should be innocent before being proved guilty, they might have pictures………. and my experience is the judge will take the cop's word over yours. ( I wasn't speeding)
The cops will check the phone records to see if you were on the phone at the time they stated you were. If you were not, you have nothing to worry about. If you were, so be it.
Just keep a record of where you were and when, to the best of your ability.
The police can check when you made calls on it.
But even though you should attempt to get the evidence you need, you are innocent until proven guilty beyond doubt.
Compare your phone call records to the time you were cited as committing this heinous crime! If your phone records show you weren't using your phone at the time, then you should be home free!
it is not actually driving whilst using the phone. It is being in control of the vehicle whilst using the phone. so if you are pulled over with the engine running you are still in control. Otherwise every body could sit at traffic lights on their mobile telephones phones. Next time park up and get out of the vehicle. or switch it off until you are there.
get in touch with your mob phone provider and ask for a printout of you bill which inc's the date you were 'caught' ask them for incoming and outgoing calls to be shown. this will show all calls and how long they lasted. then check your time of being caught.
tell them to contact net work provider the can see when all calls texts are made and recieved including when you check your voicemail
I HAVE SEEN THIS DONE BEFORE AND IT WILL WORK AS LONG AS YOU ARE TELLING THE TRUTH.
LOOK AT THE TIME ON THE TICKET AND THEN COMPARE IT WITH YOUR CELL PHONE RECORDS AND SEE IF YOUR OR THE POLICE ARE RIGHT.
IF YOU ARE PRINT YOUR CELL PHONE RECORDS AND TAKE IT ALL TO COURT, YOU WILL WIN.
Ask the police for the exact time and date that the alleged offence was committed. Then you get your call record form your mobile network provider.
If there is no call shown (in or out) at the alleged time then you should have your defence.
Claim you are deaf and were using it to scratch your ear
You don't have to. Instead, you go to court and invite the police to prove your guilt.
It'll help if you have a call log from your service provider, but don't produce it unless you need to, as it won't prove your innocence – you might have been using a different phone. It'll just be evidence to support your case.
you can get done just by holding a phone while driving,you dont have to be using it