Legal advice on mobile phone fines


Questioner

Hello, Is there any point in filing a written appeal if you have been arrested and fined for holding a mobile phone, when this was most certainly not the case? Kind regards.

Lawyer

If it's your word against the officer's word, the officer's statement is more likely to be believed. You could do something about it by calling the officer as a witness to have him questioned under oath by the judge. But if the officer sticks to his statement, you will certainly lose the case.

Questioner

I feared that and there were two of them. The reasons for consulting you are as follows: I was initially pulled over because they had supposedly seen me using a cell phone while driving. Because of my denial and the fact that I started laughing slightly and because I offered to let them look at my cell phone to see when I had last called or been called, the 'charge' was quickly changed to holding a cell phone. They stopped me about 5 minutes walk from my home, in other words, almost home, so I'm certainly not going to sit behind the wheel and make a phone call at the risk of myself and other road users. Anyway, thanks for your quick response!

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