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Originally Posted by gazzae
Maybe they genuinely thought you were using a mobile phone. I don't know anyone who drives with their head resting in their hand so I assume it would be easy to think you were using a phone.
I imagine with phones being small these days they would be difficult to see in police video.
Of course that doesn't excuse them for being rude.
If you go to court and explain that you have a handsfree kit and weren't using your phone then you may get off with that, but you may well be fined for driving without due care or something for having your head in your hand.
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Exactly! They even threatened to confiscate my phone and have it checked for usage at that time! And as you say, if they can't prove one offence they'll get me for another.
As the inspector pointed out, behaviour like that does nothing to enhance the relationship between Police and public.
By the way, the leaning thing is just a habit, using the door as a kind og high-up armrest. I'm over 6ft and it just feels comfy. I see taxi drivers doing it in London all the time. In hindsight it may have looked like me using a phone, but that doesn't excuse the threat of two police officers swearing they saw something that didn't happen.
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Originally Posted by ian@huth
On reflection you should have given them your mobile phone and asked them to do a 1471 to see when the phone was last called and told them you would send them a copy of your next phone bill to show you hadn't called anyone at the time of the incident. This wouldn't have conclusively proved that you weren't trying to call someone but it may have given them enough doubt to not bother prosecuting.
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You are right, but these days I don't even have faith in conclusive proof! It's just an example where SOME police do persecute the motorist, or at least appear to. A gentle word would have resolved it, no harm done, let's be on our way. But the action they took was a little strong, in my opinion, taking all factors and circumstances into account.