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?

They do not have to disclose it beforehand for these offences, no.

I don't think they need evidence do they?

I got pulled over for eating a sandwich while driving. They were actually really nice about it, i was mortified. It didn't go anywhere they just gave me a telling off, but if it had gone to court there wouldn't have been any evidence as I'd eaten it lol

Unless you are saying they lied!

Yeah they don’t need evidence, if a police officer says in court they saw you that’s enough

The police officer’s statement is evidence.

The police officer's statement is evidence. If they intend to rely on any other evidence, e.g. a film of OP committing the offence, it must be disclosed. They must also disclose any unused material that might reasonably be considered capable of undermining their case or assisting the defendant.

And loads of people have said no you're wrong they don't have to disclose it which makes it seem likely it's the cops report rather than a photo or film they're using.

It's not uncommon for there not to be physically evidence

Why would you have your phone in your hand if you didn't intend on using it? Or do you just drive around with your phone in your hand for no reason?

No, they don't have to disclose it if requested. They have to disclose it if they intend to use it in evidence, or if it might undermine their case or assist you to make your case. If none of those applies, it does not have to be disclosed.

And to repeat something I said up thread, if it was in your hand the court is likely to conclude that you have committed an offence since the current definition of "using" is drawn so widely that it covers many things that you might not consider as using.

That's not illegal.
If you were clearly distracted whilst driving due to the eating of the sandwich that can cause a fine.
Not just eating or drinking though.
Or has the law changed and if so when?

What "GDPR rule" would that be?

The only safe places for your phone when driving are in your bag, on a holder or on the wireless charging pad if your car has one. You should not be touching the screen when driving, install Apple Car play or Android Car Play so you can do anything through the controls on your steering wheel or car touch screen, though you really shouldn't be doing anything other than taking emergency calls on hands free when driving. If you need to handle your phone, pull over in a safe place & turn off the ignition before using your phone.

If you have never used your phone when driving, you would know that you weren’t on it.

Another person wanting the law to bend to their lifestyle
'But I was only parked illegally for couple of secs"
"But I only had my phone in my hand"
"But I only took them out of school for 5 days"
But I only murdered them briefly...
Yet if someone transgressed against such law-flexers, the furor would reverberate everywhere

If they have no evidence then the courts will dismiss the case. In fact, if they have no evidence then it wouldn’t even have gone to court.

A witness statement from a police officer is evidence though

As, indeed, is a witness statement from anyone. And most magistrates, faced with conflicting evidence from a police officer and the accused, will accept the police officer's version of events unless there is other evidence to contradict it.

Agreed.

I know, I don't understand why this isn't obvious to people. You're driving a hulking great machine with the potential to kill.

You heard it here first! The slippery slope to murder is only a few steps away 🪦

Once my phone is in place it's totally voice controlled. 2018 Samsung.

WTF is all this "AI" bollocks for otherwise ?

How is using your phone through your car's touch screen safer than using the phone directly? I can't understand that rule at all.

You know you are guilty so stop wasting everyone’s time and just take the punishment

It's legal, most controls for heating etc are on the touch screen now plus sat nav.

Well quite. I'm not one given to hyperbole...
🙂