Abuse Of Power!

[QP4Me]

Hi all,

Got some advice re; this matter.

Will rest the case for the moment.

Many thanks,
Pat

 

[safrane]

Take it to court with the evidence of the calls in and out with the times. Add to that some photos of the view into the car and I think the Magistrates would be on your side.

 

[Scaf]

You're innocent so you have to go to court and defend yourself.

 

[dunnah01]

I think you've just admitted your guilt on a public forum. Turning the sat nav off or just touching it whilst driving is the same offence as using the phone - same as eating your breakfast, shaving, putting on makeup?? all can attract points if spotted.

 

[TridentTested]

Yes, if the Garmin was loose on top of your jacket, and not in a dashboard mount, touching it was an offence. At least in the UK.

One of my friends is a prison officer in The 'Joy, from his stories of the Gardaí he deals with I had no illusions about their behaviour and am not shocked nor disappointed nor even surprised to hear your tale.

Before deciding whether you want to fight it, it might be worth reading all the papers they sent you carefully. Not only are they untrustworthy but they are also fairly incompetent and you might find something contradictory, or the wrong registration number, or something. Worth a careful look.

 

[QP4Me]

There is no offence of touching or using a sat nav here. The charge is only of 'holding a mobile phone'. I'm glad it was not a hanging offence judging by the reaction of some here!

 

[D Walker]

Surely they have to issue a warning / intent to prosecute at the scene in verbal and/or written form. Also if they did not have your address they have accessed it from pnc or similar, which I believe can be an offence itself if not requested through the correct channels.

 

[conaero]

Pay the fine, move on in the knowledge that you were not in the wrong.

If you Persue it, the stress, wasted time and fine will all consume you, it's just not worth it.

 

[Contigo]

What Matt said, whilst it sucks that is what happens in life, a case of being in the wrong place at the wrong time (or right time if it was intended for you).

 

[TridentTested]

I think what sucks more is I suspect from the information you gave about them noticing your car, then following you across the whole of the city, I suspect they pulled you to teach manners to the man in the big car. I don't think they would have waiting until then to do you for the phone thing; if they really believed they saw it at the beginning, they would have pulled you then and there.

 

[mchristyuk]

Personally if it were me I'd fight it, and also lodge a complaint with independent police complaints commission (or whatever your equivalent is). I had similar doubts about what to do over the wishbone saga and in the end decided that somebody had to try and make a stand against the authorities. If we all sit back and just "take it" expecting somebody else to challenge the powers that be then we're on a very slippery slope.

Ultimately if it goes to court the CPS have to decide whether there is enough evidence for a successful conviction. If you can provide enough "doubt" about the case (phone logs, tinted windows, etc..) and suggest the officer must have been mistaken with what they saw, then you're going to stand a pretty good chance. Don't what ever you do get aggressive and accuse the officer of being a militant corrupt jobs-worth as that isn't going to go down well....! Just like parking tickets, a number of motoring offence tickets are issued because they know the vast majority of people don't have the will to fight it and will just roll over.. "kerching!" and targets met...

Yes it will be stressful and it will be frustrating.. but surely you have to stand up and fight if you're innocent??

Mark