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    wrongly accused

    On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
    I will be applying for citizenship this April, would this affect my application if I bring this to court?
    Any advice please. Thanks.


  2. #2
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    Quote Originally Posted by eytch29 View Post
    On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
    I will be applying for citizenship this April, would this affect my application if I bring this to court?
    Any advice please. Thanks.
    You are OK I don't think they will view you as a threat to the country. This is what the UKBA guidance notes say

    You must give details of all criminal convictions both within or outside the United Kingdom. These include road traffic offences, but not fixed penalty notices which have not been given in a court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared.

    I would just pay up and not argue it


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    Quote Originally Posted by Dedworth View Post

    I would just pay up and not argue it
    Thanks, but 3 points will stay on my license for 4 years, will affect my insurance and this would mean I was really lying.


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    Quote Originally Posted by eytch29 View Post
    Thanks, but 3 points will stay on my license for 4 years, will affect my insurance and this would mean I was really lying.
    3 points wont affect your insurance that much, if at all. To be honest, I would pay the fine and live with the 3 points for the next 4 years. As I said, it was more likely he gave the FPN for some traffic violation.

    I had 3 points in January 2006 for a speed camera on the M4 (J41 Port Talbot) in a restricted 50mph zone, and would you know, a year later later the camera was removed as it was causing accidents at a nearby junction http://www.speedcameras.org/speed-ca...cle.php?id=131 I still kept the points though, they wouldn't remove them, and would you believe it, I now gotta pay £20 to have those points removed from my licence, even though they have expired.


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    Quote Originally Posted by walesrob View Post
    3 points wont affect your insurance that much, if at all.
    Don't bet on it I jumped a red light 3 yrs ago camera showed I crossed the line at some low speed like 20mph one second too late - car was loaded with loose boxes so I didn't emergency stop. 3 points £60 fine - Direct Line loaded my premium by £70 per year for each of the 3 years


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    Quote Originally Posted by Dedworth View Post

    I would just pay up and not argue it
    seems we have no right to defend ourself to policemen here?
    They will not bother to listen and check?
    Whatever they say is true. Just confused.


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    Quote Originally Posted by pennybarry View Post
    seems we have no right to defend ourself to policemen here?
    They will not bother to listen and check?
    Whatever they say is true. Just confused.
    Probaby because there are cameras everywhere, and I bet the policeman had one in his car as well, most traffic cars do. Welcome to CCTV UK


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    Respected Member Alan's Avatar
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    Smile

    I was wrongly convicted of a traffic offence many years ago. I of course denied the offence and so it went to court. In court the police officer LIED and so I was found guilty of something I hadn't done!! It doesn't give one much confidence in our police force does it?

    Al.
    Pressed rat and warthog closed down their shop!


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    Quote Originally Posted by Alan View Post
    I was wrongly convicted of a traffic offence many years ago. I of course denied the offence and so it went to court. In court the police officer LIED and so I was found guilty of something I hadn't done!! It doesn't give one much confidence in our police force does it?

    Al.
    That was what my husband said. If you were wrongly accused, sometimes you need to prove it in court and if you found guilty, then you are more worst.

    My husband is driving lorry and bus for 25 years and no offence yet. But he said he may have some soon because whilst he's driving, I'm giving him wrong instructions. He wants me to shut my mouth if he's driving.


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    Quote Originally Posted by pennybarry View Post
    seems we have no right to defend ourself to policemen here?
    They will not bother to listen and check?
    Whatever they say is true. Just confused.
    I think you tend to forget what the police are like in the Philippines, we seem to be quite lucky having a decent Police force.


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    Quote Originally Posted by WillsG25 View Post
    I think you tend to forget what the police are like in the Philippines, we seem to be quite lucky having a decent Police force.
    I will never forget our bad policemen as well as our good policemen too.
    I will never forget where I came from and my roots.
    I admit I have high expectations in UK governemnt as they are not corrupt and I am very much proud of it!
    That's why I am confused and asked.
    I am proud of my country and your country!


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    I would think it wouldn't affect your application for Citizenship.

    More than likely he issued a FPN due to some traffic violation at the intersection you mention. He probably thought you weren't paying attention, hence the idea you may have been using the phone.

    More about FPN : http://www.homeoffice.gov.uk/police/...fic/index.html

    "If you feel a penalty notice is unjust, you can choose not to pay the fine and argue your case in court. If you do pay the fine, you won’t be prosecuted and no record of your offence will be kept."


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    Quote Originally Posted by eytch29 View Post
    On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
    I will be applying for citizenship this April, would this affect my application if I bring this to court?
    Any advice please. Thanks.
    Why some policemen here will not listen the truth and stick with what they conclude? I will not go away until I convinced them and let them check my mobile. Did you try to speak with higher cops to check your mobile?

    I have checked before at UKBA website about driving in the UK offenses if I am not yet holding British Passport and there's some laws that we really need to obey so that our application will not be affected.

    But not to worry too much if that is not fixed penalty.
    http://www.ukba.homeoffice.gov.uk/br...goodcharacter/


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    Quote Originally Posted by pennybarry View Post
    Why some policemen here will not listen the truth and stick with what they conclude? I will not go away until I convinced them and let them check my mobile. Did you try to speak with higher cops to check your mobile?
    The police don't check whether a call has gone out from the phone because you would also be committing an offence if you were just tapping in the number, or looking up the person in your Contacts, or listening to the ringing tone but hadn't actually got through to anyone.

    Sorry to hear this happened to you. In future, shut the phone in the boot, then they can't accuse you of using it while driving.


  15. #15
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    Quote Originally Posted by pennybarry View Post
    Why some policemen here will not listen the truth and stick with what they conclude? I will not go away until I convinced them and let them check my mobile. Did you try to speak with higher cops to check your mobile?

    I have checked before at UKBA website about driving in the UK offenses if I am not yet holding British Passport and there's some laws that we really need to obey so that our application will not be affected.

    But not to worry too much if that is not fixed penalty.
    http://www.ukba.homeoffice.gov.uk/br...goodcharacter/
    You can ask to speak to a senior officer. tel him what has happend. He will then demand an expensive list of cals and times from your network. If your telling ther truth the case will be dropped. if your not they wil hammer you.
    Marlyn & Kenny forever


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    According to the Chief Constable of Dorset yesterday he stated that in order to issue a FPN for using a phone they require TWO police witnesses!!

    I take it this is because in court it is your word against his, and you could supply better character witnesses than him. Or the CCofD doesn't know the law
    Keith - Administrator


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    Quote Originally Posted by Win2Win View Post
    According to the Chief Constable of Dorset yesterday he stated that in order to issue a FPN for using a phone they require TWO police witnesses!!

    I take it this is because in court it is your word against his, and you could supply better character witnesses than him. Or the CCofD doesn't know the law

    I was stop by just 1 police officer, he's in uniform but using an undercover car.

    Thanks all.


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    Quote Originally Posted by eytch29 View Post
    I was stop by just 1 police officer, he's in uniform but using an undercover car.

    Thanks all.
    To me it sounds like as if he was looking for someone to help him get his weekly target.....


  19. #19
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    Quote Originally Posted by aromulus View Post
    To me it sounds like as if he was looking for someone to help him get his weekly target.....
    ... like the traffic wardens, aka "The Yellow Peril", used to do!


  20. #20
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    Quote Originally Posted by Arthur Little View Post
    ... like the traffic wardens, aka "The Yellow Peril", used to do!
    I've been 'harrassed' a few times over the years because I don't look disabled enough for a blue badge ... it seems I'm supposed to have no limbs, and have vomit all down my t-shirt, and be cross-eyed
    Keith - Administrator


  21. #21
    Administrator KeithD's Avatar
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    This is the law, but a lot of grey areas http://www.newcastle.gov.uk/core.nsf...dpenaltynotice
    Keith - Administrator


  22. #22
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    If I did not commit an offence I would fight the case. Unfortunately most people getting stopped for an offence tend to say the police were lying. I know sometimes they do but I also know that they are unjustly accused of lying too. After all its the best excuse we have, Who would say, "the accident was completely my fault'"

    In this case, EYTHCH, if the incident was a few hours ago, I suggest you go to the police and take your phone and insist they check the calls. If they won't I suggest you ask to speak top the most senior officer in the station. If they still will not check the phone, make an official complaint against both the officer who stopped you and the officer who refuses to check your phone. Of course they could say the phone you are producing was not the one you had in the car when 'seen.'


    As for saying its just a policeman's word again yours. That probably will not carry much weight. Normally a policeman has nothing to gain by lying (no increased promotion chances, no days off, no extra pay, just more work) whereas a person who has committed an offence has a lot to gain.

    Cases like the ones mentioned above, where a car crossed the line 'a second' after the light turned red tend to show part of the problem. The light goes from green to amber. amber mean stop. Thus he is admitting the offence. That the person say he had loose boxes in the car was another traffic offence, which it would appear he got a way with.

    PS I don't want to get into an argument here about 2 officers being required to prove such an offence, but if you believe that then you have nothing to worry about as you will not be prosecuted.


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    Thanks all, I decided to be tried at court. I'll contact citizens advice bureau for other advice.


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    Aromulus, Thanks for that.

    I now have another reason for living in Spain.

    I knew the UK was going down the drain I just had not realised just how far down the drain it was.

    Good luck to you guys, who could move out of UK, but for some reason have failed to do so.

    PS don't all come here at once !


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    Aromulus, Thanks for that.

    I now have another reason for living in Spain.

    I knew the UK was going down the drain I just had not realised just how far down the drain it was.

    Good luck to you guys, who could move out of UK, but for some reason have failed to do so.

    PS don't all come here at once !


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    Quote Originally Posted by johncar54 View Post
    Aromulus, Thanks for that.

    I now have another reason for living in Spain.

    I knew the UK was going down the drain I just had not realised just how far down the drain it was.

    Good luck to you guys, who could move out of UK, but for some reason have failed to do so.

    PS don't all come here at once !
    Just to make you stay in Spain that little bit longer, here's another one...
    http://news.bbc.co.uk/1/hi/england/kent/8454959.stm


  27. #27
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    Quote Originally Posted by aromulus View Post
    Just to make you stay in Spain that little bit longer, here's another one...
    http://news.bbc.co.uk/1/hi/england/kent/8454959.stm
    Armulus, Well having read that stupid finding by the court, I can understand why crime levels are so high in UK and that the police have all but given up.

    The stop and search and / suspected person laws, were radically changed because a certain group in the UK said they were the ones, in the main being stopped and searched. The fact that statistics showed people of that group were identical to over 90% of those committing mugging offences seemed not to be important.

    Most people investigated for white collar fraud are business people not road sweepers or bus conductors because the latter two don't usually commit that type of crime.

    In those far off days, the police tended to concentrate on those most likely to be the ones committing the type of crime they were concentrating on.

    That was before the time when, for example at an airport a whole line of people must be searched instead of being able to select those most likely to present a danger. Thus babies in one queue get searched whilst everyone in the adjoining queue pass through un-searched.


  28. #28
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    i use to work at a police HQ, driving home i followed a police man who used this phone as he drove for over a mile

    just don't get caught, if you do
    i have learnt to do what my wife says!


  29. #29
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    Quote Originally Posted by eytch29 View Post
    On January 15, I was stopped by a police officer and asked me to come out of the car, he asked me if I used my mobile phone while driving. I said no, and then he said they normally give warning if they admit it but since I lied he will give me Fixed Penalty Notice £60 fine and 3 points on my license. I told the officer that I really didn’t use my phone, I was just scratching my head because I couldn’t pass the intersection because it’s traffic. I offered to check my phone to prove that I was telling the truth but he said he knows how mobile phone works and didn’t check it. He checked my license and issued me the FPN then he asked me to go to the police station and bring my paper counterpart license. He even said that I was a bad person.
    I will be applying for citizenship this April, would this affect my application if I bring this to court?
    Any advice please. Thanks.
    Usually a traffic ticket should report among other things the time it was issued. Ask your telephone provider if they can provide a printed record of the calls, if there is not record you should appeal the penalty notice.


  30. #30
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    Quote Originally Posted by beppe View Post
    Usually a traffic ticket should report among other things the time it was issued. Ask your telephone provider if they can provide a printed record of the calls, if there is not record you should appeal the penalty notice.
    telephone company couldn't provide incoming calls, outgoing calls can be printed online but not incoming calls.
    Just waiting for the summon.


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