Going to Court over supposidly using a phone - lack of evidence?

[Burtus]

18 months ago i was pulled over and they said they had filmed me on my phone. I dont think i was on it - in my hand Maybbbbeee but not using. However I have since asked for this video footage from the police and have had nothing. Its now escalated, and Im now going to court, Ive asked again to the police for the video footage and still ive had no evidence from the police. Ive asked multiple times. What do I do now? I believe they have to share there evidence with you prior to court?

I didn't think they had to provide the evidence before court for these type of offences so placemarking out of interest. However -

in my hand Maybbbbeee but not using

Holding it is now under the umbrella of "using". You aren't supposed to touch it at all except when making payments at a toll Bridge or a fast food outlet.

In the text of the SI, the meaning of ‘using’ a phone will be expanded to cover the following:

• illuminating the screen
• checking the time
• checking notifications
• unlocking the device
• making, receiving, or rejecting a telephone or internet based call
• sending, receiving or uploading oral or written content
• sending, receiving or uploading a photo or video
• utilising camera, video, or sound recording
• drafting any text
• accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
• accessing an app
• accessing the internet

https://commonslibrary.parliament.uk/changes-in-the-law-on-driving-while-using-a-mobile-phone/

In the kindest possible way - what difference will it make on the day? Either they have the footage of you holding the phone or they don't. By your own admission you had it in your hand and you know you are guilty.

You're not allowed to touch your phone at all OP.

You do not have the right to see any of the evidence until the case proceeds to court, but the video is irrelevant really as all it takes is for the officer to state they have seen you. And by the fact you already acknowledge it was probably in your hand, which IS classes as using it for the law, then you are guilty.

I think mayybee you don't have a 🦵to stand on in this case
Law is the law. You were in the wrong!

When specifically did it come into force , and when exactly were you pulled over.

You'll get points and a fine Maybbbbeeee 🎻

@MoveToParis it came in in March 2022. So unless the police are being very slow it should like the OP will be caught be it

You could have Maybbbbeee killed someone.

just own up to it maybbbbeee being in your hand and they'll probably let you go really lightly as the prisons are full and they let everyone get away with everything these days

Please tell them 'I was only holding it' then please come and report back to us afterwards

Can't use an app?

Presumably, it's fine to have Google maps on for directions?

yes, but not holding it in your hand.

Mayybbbbbeee go to court and be an adult, admit you did wrong and take the appropriate punishment? Because admitting you were holding it whilst driving means you are guilty, the law is very clear! You had your chance to take points and a fine I’m assuming, why didn’t you?

If you're using Google Maps or Waze etc it has to be in a holder on the dashboard nor in your hand

You should not be driving holding a phone. Both hands need to be on the steering wheel. I am afraid you won’t have a leg to stand on.

Why was the phone in your hand if you were not using it?

You don't think you were using it? That doesn't sound like someone who never uses their phone when driving.

Why do you think the police thought you were using it? Because it was in your hand? Why might have you had I t in your hand when driving if you didn't plan on using it?

Sometimes it's best to admit that you've done wrong.

As I understand the offence is holding and using.

Regardless of any prosecution, your actions are selfish, I hope you have stopped doing it now.

If you haven't then, either you'll be caught in the future, or whilst unlikely may have an accident which could result in a custodial sentence.

My advice is buy a phone holder, read the legislation and follow the law.

They will have to disclose any footage before the case, but that may not happen until the day of the hearing for a case like this. However, given the wide definition of "using", the courts are likely to conclude that you were using it if you had it in your hand.

As long as you don’t touch it to do so whilst the car ignition is on

I would assume that it would break GDPR rules if they gave you evidence.

No, it wouldn't.

🙄🤣

Incorrect, the offence is holding and using.

it is not an offence to touch a phone when it's in a holder fitted to you car for that purpose.

www.gov.uk/using-mobile-phones-when-driving-the-law

but what my question is : i think they have to disclose the evidence if requested which they havent. Does this then just delay the date?