This is a copy of a genuine Defence of an Alleged offence of using a mobile phonw whilst driving for a friend of mine Ben. He won the case in court and the officer was order to retrain and the CPS were repremanded for allowing it to reach court!
I condone anybody who uses a mobile phone whilst driving it is risking your life and other around you don't do it!!! But the point being the Police are not as well trained as you think, they are not judge and Jury and and don't be intimindated to fight your cases in court as it costs very little and notjing if you win. This was done without the use of any legal assistance only a bit of researce on the interweb !
1st Floor
Scholey Street
BL2 1HD
Benxxxxxxxxxxxx
xxxxxxxxxx
Tividale
Oldbury
B69 xxx
URN: xxxxxxxxxxxxxxxxxxxxx
Bury
Magistrates Court 10th October 2011.
Magistrates Court 10th October 2011.
3rd October 2011
Dear Sirs please find attached Written Statement of Defence against your allegation.
From my evidence in my defence statement and the list of further evidence I am requesting from Greater Manchester Police (please see attached sheet) I request that on the basis of public cost that you take no further action or I will have no choice but to defend my case at Court of which I will ask for recovery of costs as well.
Yours sincerely
Benxxxxxxxx
Nature of defence:
White I-Phone to be bought to court.
The police constable Donald Allan Andrews stated he saw me using a black mobile phone whilst driving.
I do not have a black mobile. I have a white I-Phone and do not have any other similar devices nor am I issued any from my employer. So he could not have possibly seen a mobile phone.
Photo 1 Cut to my hand.
I had cut my hand at work on this day and had made a temporary bandage for a tissue and black electrical tape (see photo 1 to be bought to the Court hearing) which the officer mistakenly assume was mobile phone whilst I was scratching my ear.
Photo 2 view from a wet obstructed window.
Print of the junction lay out from goggle earth.
2. The officer stated he had good visibility stating his view was clear and unobstructed and he was 5 yards back from the junction:
The view was restricted by vegetation to both sides of the junction.
His vehicles windows were wet from the rain.
His vehicle has a blind spot area on the front from A-Pillar, road tax, 2 x interior mirrors, the other police drivers head and body and other police equipment
The vans (BG57 RCO) windows were wet from the rain.
The approximate width of the junction is 36 feet and he was at least 40 feet from the van window. The van travelling at the legal speed limit for the road it was on 40mph is travelling at 58.66 feet per second over the triangulated distance for the officer of about 48 feet, the office would have had approximately 0.60 of a second to avoid all of the blind spots, the active window wipers and the rain on the window to see I had a make shift bandage on my hand.
With all of the above in mind that no other logical explanation can be derived from the facts except that I the defendant did not committed the offence, thereby the presumption that I am innocent until proven guilty. You do not have clear and convincing proof and so this puts your case that you can not go beyond reasonable doubt.
Benxxxxxxxxxxx
xxxxxxxxxxxx
Tividale
Oldbury
B69 xxxxxxxx
Your case number:
061100xxxxxx
Crown Prosecution case number:
URN: 06PP5xxxxxxx
03.10.2011
Dear Sirs in reference to the above case numbers please forward the following evidence:
Training records for motoring offences for your police officer Donald Allan Andrews.
Date and copy of the last eye sight check for Officer Donald Allan Andrews
Officer Donald Allan Andrews shift pattern for the date of the alleged incident
The vehicle details of the car the officer allegedly saw the incident i.e.
Car make, model & colour
List of equipment fitted to the vehicle both standard and non standard police issued or fitted.
Service records for the car.
The brand and model number of the windscreen wipers fitters and the date they were last changed prior to the alleged offence date
The case is in Court on the 10th October 2011 and as this is essential to my defence and allowing me adequate time to prepare it please forward this by Friday 7th October 2011.
Yours sincerely
Ben xxxxxxxxxxxx
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