contesting a fine at county court

[jkelly24]

A friend of mine was stopped by police and accused of using a mobile phone whilst driving. She received a �60 fine and three points even though her mobile was zipped up in her handbag and had not been used. She has contested this and is awiating a date for a hearing at county court. How easy is this likely to be to prove and what costs will she incur if she loses.Many thanks

[Stu Dent]

Your friend is not required to prove her innocence. The Crown are required to prove her guilt. The onus is on the Crown to find the evidence to support their accusation that your friend was using a mobile phone whilst driving. Remember, innocent until proven guilty. Your friend should plead not guilty and sit back and allow the prosecution the opportunity to prove what can't be proved.

Of course, two police officers reporting that they saw your friend with the handset pressed to her hear whilst driving would be quite compelling. What did the police officers report?

[jkelly24]

one police officer stopped her and told her a coolegue further up the road had spotted her using her mobile. she definitely had not used it but they wouldn't listen at all. if they do find her to be guilty will she have to pay court costs?

[jkelly24]

Sorry forgot to say it is she who has appealed against the fine not the police who have prosecuted

[oldmaggie]

The court for the hearing will not be county court. It will be Magistrates court. If she is convicted the costs may be in the region of �400.00.

[voltr4m4x]

Any appeal would be heard in the Crown Court and not a magistrates' court.

You need to be absolutely certain that your friend (or rather, was it yourself ?) was not actually using the mobile phone whilst driving at the precise time as alleged by the police. It is for certain that the police (if they were doing their job properly) will have full details of your friend's mobile phone provider (for evidence purposes) and details of any calls made or received on that particular mobile phone at that precise time. So do be careful. Think before you jump !

[jkelly24]

I can assure you it was my friend. The police at the time were totally disinterested with any explaination and just issued her with an on the spot fine which she had to take to the local police station the following day. She herself has obtained the documents from the mobile phone company that prove she wasn't using the phone but how can she prove it was that particular phone she had with her? she doesn't realise what shes getting herself into and that is why I posted this question to see if it would make her realise how risky and involved it all is, especially against the police. She doesn't think it could cost her any more money. Many thanks

[oldmaggie]

If the fine and points were imposed in her absence the case should be reopened and heard in Magistrates court. If it was an on the spot fine the case will go to Magistrates.

[five2two7]

"Any appeal would be heard in the Crown Court and not a magistrates' court".

This is not the case... an appeal against an endorsbale fixed penalty notice issued for a traffic offence is held in the mags court.

The last one I went to court with cost the guy �200 fine, �300 costs and the 3 points on his licence...