My son was wrongly accused of using a mobile phone when driving.

On the above I thought it would encourage readers that there is hope in challenging false accusations. My son was in his first year of driving and in the eleventh month of that year he was accused by a policewoman of using a phone whilst driving. He was driving down Eastleigh High Street at 1am in the morning with a passenger. A police car was parked down a side street on the passenger side (crucial). The policewoman and her colleague stopped my son and gave him a fixed penalty notice and three points. My son would not accept it and pointed to his Bluetooth hands-free kit. The policewoman did not check his phone, ignored his pleas and simply charged him. He explained that he already had three points for speeding in his first year of driving so this additional three points would mean him losing his licence.

We paid £125 through a court order for the phone company to release the mobile phone record showing incoming as well as outgoing calls, and, after about a year of dealing through a solicitor, we ended up at Lyndhurst Magistrates Court. We met the CPS and asked them to back down but they were adamant they had a case. The policewoman went into the dock and was questioned by the CPS. When asked if she had brought her ‘black book’ she answered she had forgotten it. She was then asked to explain how she was so confident that she saw my son using his mobile phone whilst driving when she was in a car down a side street and looking through the passenger window, through the passenger, and through my son’s head?

She answered, well when you put it like that I guess I can't be totally sure. The case was dismissed immediately. We didn't even have to show our defence. We had gone through a year of anguish. When there is injustice like this, it is imperative that the public do not lose heart and never give up seeking justice. Police and CPS bully tactics should not deter us.

Asked on 23 February 2013 by JN, Southampton

Answered by Honest John
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