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using a phone whilst driving |
unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 12:09
ok guys here the problem me mate dave got stopped whilst supposably driving while using a mobile,thing is in this case the copper was on his own n said that he seen our dave using his mobile,when the copper was behind our dave he said he could see him holding it to his ear,thing is our daves van as no windows in the side and has blacked out window on the rear window,privacy reasons,so the copper couldnt really see through it,our dave is contesting this matter through court n taking evidence in pictures of the van which you clearly cant see through the back window or sides,also our dave said to the copper check me phone for texts n see if he was using it but the copper said i seen it to your ear so heres a 60 notes fine n 3 points pending on the outcome,recently our dave as obtained phone records clearly showing no texts ot calls made n recieved within half hour of the time the copper said he was using it thats the story,am sure some fellow site users can give any clue on whether he will get done in court providing the evidence of cant see through the back window n no windows in the side of the van,so if he was scratching his ear  he would have seen him for about 1-2 secs,also phone records proving no phone action was being done when he was pulled what ye thoughts guys cheers,me mate dave  serious this aswell ----------------- Mr Dockerty to you boys
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LeedsHighlander
Home away from home Joined: 03-Dec-2011 Posts: 263
From: Reading
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Posted: 2012-06-19 12:22
Ok "Dave" firstly you've got good evidence that mitigates what the copper thinks he saw and well presented I doubt you'll i mean Dave will have much to worry about other than the faff of dragging a pointless case through our overstretched judicial system! The fact he was on his own counts as well but the court will often side with the law which is why I state your mitigating evidence needs to be strong. another point to add is say you often drive long distance and have a blutooth headset (even if you dont) and also that you drive with you elbow on the with your hand resting against your face. (obviously they will say you should have 2 hands on the wheel but as you or Dave will know all you have to state is you were in full control of the vehicle and driving 1 handed is not an offence)
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Machine1
Home away from home Joined: 31-Oct-2011 Posts: 770
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Posted: 2012-06-19 12:26
Who was your Dave talking to?? Blame him
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unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 12:54
yes our dave does drive long distances and does have a bluetooth headset
so highlander what your saying is that our dave as got a good chance in getting away with this,its not the 60 notes hes bothered about its the 3 points,although he does have a clean licence
surely providing evidence aswell of the phone records showing he wasnt using the mobile will tell the courts this copper,no matter how adament he is that dave was using it,how can they still prosecute with this evidence,could it be just thrown out of court even though the copper will be adament he was using it,will they sway to the copper or go by the evidence,im thinkin if they sway to the copper then there not looking at the hard evidence,im mean come on,he was wrong and the evidence proves it
what ye think
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unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 12:55
a swear down a could kill our dave at times,bringin me inot shizzle like this,hes a lil bugger at times int he
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wildman147
Home away from home Joined: 13-Mar-2009 Posts: 2764
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Posted: 2012-06-19 13:31
The phone records surely don't say if our Dave had an incoming call? Does anybody call our Dave ever? Can our Dave prove he has no friends that would bother calling him? Lol
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unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 13:50
is that the case phil,not looked for that,an in coming call
basically is it worth challenging or not
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9balldog
Home away from home Joined: 04-Jan-2008 Posts: 3379
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Posted: 2012-06-19 13:58
Unreal i got pulled up last night same thing and he let me off with a caution good cop bad cop i guess i was lucky i did not deny it either.
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LeedsHighlander
Home away from home Joined: 03-Dec-2011 Posts: 263
From: Reading
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Posted: 2012-06-19 14:09
An incoming call would still show up although I doubt a court (prosecution) will ask for an adjournment to provide that detail given the strong mitigating evidence Dave has. Well worth a challenge IMO to get rid of 3 points (bad for a long haul driver) an to appease the court id offer the £60 fine as a gesture of good will for wasting valuable time. I always err on the side of caution as most magistrates are ex police and will do everything possible to support/favour the difficult job they are paid to do in upholding the law.
Hope it helps but as ever it's Daves choice!
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unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 15:23
Well Daves challenging it,il re bump this thread when he's been to court n word it as the magistrates say it Come on David show em ye solicitor side n get it over turned Or 3 points 60 squid n cost of court  He who dares WINS thats his motto
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gazhopkins10
Just can't stay away Joined: 05-Jun-2012 Posts: 133
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Posted: 2012-06-19 16:06
hobbo had same, 400 fine for sayin not guilty when there was no evidence etc
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gazhopkins10
Just can't stay away Joined: 05-Jun-2012 Posts: 133
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Posted: 2012-06-19 16:07
and can all non pool subjects be posted on facebook or tweeted please, this is a pool website haha
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unique
Home away from home Joined: 06-Sep-2009 Posts: 1917
From: South elmsall
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Posted: 2012-06-19 16:29
Reason it's under non-pool section at the top 
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gazhopkins10
Just can't stay away Joined: 05-Jun-2012 Posts: 133
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Posted: 2012-06-19 17:57
dunt mek it ok cos its in a header. non pool should be on a non pool website not a pool site. big dave can u sort this please
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mrbuzz
Home away from home Joined: 29-Jan-2007 Posts: 326
From: Woking
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Posted: 2012-06-19 18:00
got done myself for this about 2 months ago. was trying to cut off an incoming call and the old bill saw me. 3 points, £60 fine and very nearly lost my job.
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Ads
Home away from home Joined: 07-Sep-2007 Posts: 1894
From: Essex, England
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Posted: 2012-06-22 09:51
Let us know how our Dave gets on
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