Miss Kelly* was pulled over by the police and accused of using her phone whilst driving. The police officer said that he had observed this from his police vehicle. She was charged with this offence and attended the Magistrates’ Court for trial.
The officer gave evidence at the trial. During his evidence, we referred to the road layout and positions of the vehicle as well as the vague recollection he gave. The Court agreed that his evidence did not prove beyond all reasonable doubt that our client was seen using her phone as alleged. We also produced detailed phone records to exonerate the driver. She had a long driving history, free from traffic offences. The Magistrates found her Not Guilty after hearing all of the evidence in the case.
“Using a mobile phone is a wide reaching offence and includes call, texts, scrolling and other types of interaction. If you have been given a fixed penalty but believe that the officer is incorrect, we can help you contest the case at trial to avoid 6 points being endorsed on your licence.”