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driving with a mobile phone,legal issues

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Old 14 December 2007, 10:21 AM
  #31  
Brendan Hughes
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If it's her word against theirs, just bring up the recent report on the Met police reaction to the shooting of de Menezes. Then say "And you trust these people?"

The defence rests, m'lud.
Old 14 December 2007, 10:32 AM
  #32  
bob r
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Originally Posted by exvaux
so they are reffering the matter to the pf,
What is pf?

NEVER accept a fine if innocent!

If the cops did their job correctly on this occasion, then they should have collected all the evidence needed which would involve checking your mums phone( for calls) etc, which they obviously didn't.

I think they were after an easy "cough" on this occasion and as they didn't get it, I very much doubt they will proceed to court with it. They would have to be 100% to want to take it that far and in my experience very few cops blatantly lie, although the truth is often exagerated a little.

Either way, she should try and forget about it, and go to court and deny the allegation if it does come to that.
Old 14 December 2007, 01:05 PM
  #33  
Leslie
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Ask them to repeat that they saw your mum holding a silver object to her ear and then produce the phone which is not silver to the court as evidence. I am surprised that the phone company cannot corroborate that your mum was not using the phone. I think they are trying to con her to save themselves the trouble.

Les
Old 14 December 2007, 01:58 PM
  #34  
mikefyfe
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pf = Procurator Fiscal, the Scottish equivalent of the CPP.

Mike
Old 14 December 2007, 02:03 PM
  #35  
AER-SCOOBY
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What time did they pull her? Get them to check with her mobile provider to proove that she was using the phone at the time she was pulled. If she wasn't on the phone this will be evedent in the log. Thats your proof so to speak.
Old 14 December 2007, 05:32 PM
  #36  
vindaloo
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To do a proper job you have to involve a solicitor and you still might lose.

That calls have or have not been made doesn't mean you didn't have the phone in your hand (even if you didn't). The Police backing each other up is all they need to prove "she dun-it". They don't need anything more than that. They don't need phone records, call registers or anything else. In the absence of an independent witness, it's unlikely she'll win. (Oh, maybe worth a scout about to see if anyone's got CCTV in the vicinity as that can be fairly useful).

Really, it depends how accurate the Police are prepared to be and how the Magistrate is feeling. All evidence has to be presented up front though. So hopefully, she'd get a chance to assess her chances beforehand.

Sorry to say it but I think if she takes it forwards there's a good chance that she'll join the happy band of people who "wouldn't p*ss on one if I found one on fire".

J.
Old 14 December 2007, 06:00 PM
  #37  
exvaux
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solictor has said basically the same,but she still wont drop it.He also said as she was a single female on her own they may have thought she was an easy target who would pay the fine and not argue (BIG mistake lol) so he said wait and see if they bothered to go and fill out a report
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