If you've been caught using your mobile phone while driving in the UK, you may face a fine, points on your licence, or even a driving ban, depending on the circumstances. But what happens if it’s simply your word against that of the police officer? What if the officer claims you were using your mobile phone, but you deny it? Will the case be dropped, or can the officer's evidence alone lead to a conviction?
In this blog, we’ll delve into what happens in such cases under UK law, explore the factors that may influence the outcome, and discuss whether your case could be dropped.
1. The Offence: Mobile Phones and Driving in the UK
Under UK law, using a mobile phone while driving is a serious offence. The law states that you cannot use your mobile phone for any reason while driving unless you are using a hands-free device. This includes texting, browsing the internet, making calls, and using apps.
If you're caught using your mobile phone while driving, you face:
-
A £200 fine.
-
6 penalty points on your driving licence.
-
In some cases, you could be banned from driving if you accumulate 12 or more points on your licence within a 3-year period.
This means that if you're caught using your phone while driving, the consequences can be severe, which makes it even more important to understand how the process works if you dispute the charge.
2. What Happens if It’s Your Word Against the Police Officer’s?
In many traffic violations, especially when there is no other clear evidence, the case often comes down to one person’s word against another’s. In the case of mobile phone use while driving, this means it’s your word against the officer’s. The officer may claim they saw you using your mobile phone, but you may dispute that.
This doesn’t necessarily mean the officer will automatically win. Let’s explore some important factors that could affect whether the case is dropped or not.
3. The Role of Evidence
In cases where the only evidence is the statement of the police officer, this becomes a key point. The police officer’s statement may be strong, but without supporting evidence, it may be difficult to secure a conviction.
Police Officer’s Statement:
Police officers are generally seen as credible witnesses in court, so their evidence is often taken seriously. However, this doesn’t mean their account of events can’t be challenged. If an officer simply claims they saw you using your phone without providing further details, it could leave room for doubt. A judge or magistrate may not find their evidence is enough to convict you without additional evidence to back it up.
Lack of Concrete Evidence:
If the officer has no hard evidence, such as dashcam footage or phone records, your case may be harder to prove. In situations where the officer’s word is the only evidence, it’s possible for the case to be dismissed if the court finds there’s reasonable doubt or no strong proof of the offence.
Your Own Evidence:
If you have evidence that challenges the officer’s claim, such as a dashcam video, mobile phone records, or witness statements, it could strengthen your case. For example, if your phone wasn’t in use at the time the officer claims you were using it, phone records could support your version of events.
4. The Legal Process in the UK
If the police officer’s account of the situation is the only evidence, the case will likely proceed to a court hearing where both you and the police officer can present your sides of the story. In the UK, cases like this are typically heard in either a magistrates’ court or, in some cases, the Crown Court.
During the hearing, the court will consider:
-
The credibility of the police officer’s testimony.
-
Whether there is any supporting evidence to corroborate the officer’s claim.
-
The circumstances surrounding the alleged offence.
-
Any evidence you can provide to dispute the officer’s account.
If the officer’s evidence is clear, consistent, and detailed, and there is no contradictory evidence, the court may find you guilty. However, if there is a lack of supporting evidence and reasonable doubt is raised, there’s a possibility that the case could be dropped.
5. Possible Outcomes: Will the Case Be Dropped?
When the case comes down to your word against the officer’s, there are a few possible outcomes, depending on the circumstances:
-
Case Dropped: If the officer’s statement lacks clarity or there is insufficient evidence, the case could be dropped. In this situation, you might walk away without a conviction.
-
Case Proceeds: If the case continues, the court will evaluate all the evidence and testimonies. It’s possible that you might be found not guilty if the officer’s evidence is not convincing enough.
-
Conviction: If the officer’s statement is convincing and there’s no strong evidence to challenge it, you could be convicted. If convicted, the penalties would be a fine, points on your licence, or possibly a driving ban, depending on the circumstances.
6. Your Defence Options
If you choose to dispute the charge, here are some options for building your defence:
-
Seek Legal Advice: A solicitor or motoring lawyer can assess the strength of the case against you and offer guidance on your best course of action. They can help you understand whether it’s worth contesting the charge or negotiating a plea.
-
Challenge the Officer’s Evidence: If you believe the officer’s account of events is unreliable, your solicitor can question their evidence in court. For example, the officer may have been mistaken about what they saw, or they might have failed to follow the proper procedure when stopping you.
-
Provide Evidence: If you have any evidence—like phone records, a dashcam video, or witness statements—make sure you present it in court. If the evidence supports your innocence, it could result in the case being dropped or you being found not guilty.
7. Conclusion
A case where it’s your word against the police officer’s may not necessarily result in a conviction, especially if the officer’s testimony lacks supporting evidence. While the officer's word will be taken seriously, the absence of additional proof can create doubt, and this could work in your favour.
The case might be dropped if there is insufficient evidence, but if it proceeds, you will have the opportunity to present your defence. Seeking legal advice early on is crucial, as it will help you understand your options and improve your chances of a favourable outcome.
Remember, even if your case doesn’t get dropped, a good defence strategy could reduce the penalties or even result in a not guilty verdict. Every case is unique, so it’s worth assessing the strength of your case with a solicitor to decide the best course of action.
