How can you prove that you were not on your mobile whilst driving?

Gone

No, you don't prove anything. They must prove you were on the phone.

divineshadow

Try having your phone entered in as evidence, does your phone log incomming calls? most do!

the b-i-s-h

if you go to court with a copy of your phones most companies provide then online and prove to the judge that you were not on the phone they they will probally dismiss it but make sure to take a copy of your records with you they cant be deleted as easy

ANF

If the police really want to they can access your phone records at Vodaphone and they can pin point the exact second that you started and finished a call. What you must have is the exact time and second that they alleged that you were making the call. You should ask them to do this in the interest of justice.

frankturk50

If the police say you were using the phone it is going to be hard to deny the charge.Phone records prove nothing as you could have just put it to your ear and the person at the other end didnt answer that would still be using.I would go to court and plead not guilty if you feel strongly about it and if as you say the officer said he saw silver near your ear thats harly enough he should be able to say positively.Was it dark?,do you wear a silver wrist watch?you could have been scratching your ear.

ben

If you take it to court, it is up to the police to prove you are guilty by use of phone logs, video evidence etc. So if you really weren't on your phone, then you should be able to avoid the fine and penalty.

If however you were on the phone, you're better off holding up your hands and taking the fine. It's not as if we don't all know that we shouldn't be on the phone whilst driving.

earl

you are innocent untill proven guilty.some cops try it on and should be booted out of the force.im sure a lot of them join for a big ego trip.stick them in the army.if they pass the exam that is.

To get a criminal conviction it is the prosecution that must prove its case. You are not required to prove your innocence.

However, if there is no record of incoming calls and both police lie, you are probably screwed.

frank S

If there were two police officers in the car that pulled you one would act as a witness to the other. If this was the case you have a problem because the court would take the word of the police officers as the overriding evidence that you were on the phone or more likely that you were about to use the phone.

I have mentioned this because you mentioned the word "they" in your query.

I guess the lesson to us all is if we have a phone then put it in the boot well out of the way. Merely having a phone inside the car whilst driving could lead to miscarriages in the law especially as the police can be just as devious as any other citizen.

danielle s

easier solution is for everyone to get hands free if they cant live without there phone on whilst in a car! the only thing is, is to go to court and dispute it and get a solicitor dont pay the fine or send your licence anywhere. as someone has already sed holding your phone in your hand is enough to get pulled for you dont have to be speaking and if your a supervisor of a learning driver and your on a mobile phone you could get done to as not giving the learner or the road your full attention so watch out driving instuctors and kind parents.

Kilroy

Innocent until proven guilty. Take it to court. It's on him to prove.

Sexy lady

thats the police for you they think they can do what they want you wont win coz they are arses they think there above the law thats the problem!!!!!!

MANCHESTER UK

I think you made an error in paying the Fixed Penalty Notice. This is taken an admission of guilt and your 3 points will follow. As some others have commented, your best course would have been to go to Court and see the prosecution try to prove their case. I realise there is a greater penalty imposed at Court but you are just as adamant that you're mobile phone was not being used. Magistrates are ordinary people and should look at the evidence in a fair and unbiased way. In my experience - and that is considerable - you would have been found Not Guilty.
As it stands, you have learned the lesson of considering the options before committing your name to a piece of paper, the FPN.

mad keith

go to court and ask the officers to supply evidence that you were driving and using the phone at the same time
interesting i had a very similar problem accept i dont have a phone and i asked them to search the car for the phone needless to say thay could not find one as i dont have one i have now made a complaint of harrasment to the police

Stephen A

If you were on the phone just take it , but if you were not then ask the police to prove the fact. The police should not be able to access your phone records due to the data protection act. The trouble is that the police will have to prove with out doubt that you were on your phone and without your phone records they will not be able to unless they have a photo. And even a photo is not good enough as they have to prove you were using it.

archaeologia

well there is no need to drive and use the phone,they all have a switch off button,and if you put it in the glove box,and lock it way then you wont be tempted.but on a serious note, your insurance premium go up 4 times the Â£60 pounds,so that's an extra Â£240 per year, because you have to declare it on your statement to drive,and in the worse case all insurances companies,would fail to insure you. so be very care full,they are going to rid the streets of people who break the law.77,000 offences we committed by phone users,whilst driving ,last year,it is a problem,but the highway code in the UK does say you must have both hands on the wheel at all times,apart from changing gear,you haven't got complete control of the car,so if they don't get u for one? they could get you for the other? and you could still end up with 3 points,or even 6,and a thousand pound fine,so my friend consider your options you could be dammed if you didn't? and dammed if you do?

byderule

easy i dont have a car or a mobile

JRey

Can I ask how you got on? Am in exactly the same predicament as today I was stopped and Vodafone will not provide my incoming calls. Am doing a letter of complaint to the head of police dept and asking them why they think it is more cost effective to let me take this to court than for them to make a 5 minute call to Vodafone and get the proof.

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