alt.uk.law

wrote in message
news:1188413171.321589.162810@22g2000hsm.googlegroups.com...
> Hi there,
>
> I need some advice please.
>
> I was driving my car while using a mobile phone, a camera got me and
> they send me a picture at home and a notice of intended prosecution.
> In this notice i had to respond indicating the driver of the alleged
> offense.
> Because i lived in a shared house someone put the letter in stack of
> the letters for past residents and i didn't see it till one day before
> the deadline of the 28 days in which i had to respond .
> The next day early on the morning i put a stamp, in the postbox, to
> the police.
> Ive responded on the 28th day and i admitted that i was the driver
> that committed the offense.
> Didn't hear from them for a while and I was thinking to call them but
> rather than sending me a penalty form they send me a letter that i had
> to present on the magistrates court..
> My initial thought was that probably they didn;t received the my
> letter but with the documents that they sent me it was also included a
> photocopy of my response admitting the charge.
> I don;t understand why do i have to appear in court .. i am going to
> call them tomorrow but i think this is totally unfair ..i have no
> other points in my driving license.. and i don;t want to face a
> massive fine :-( .. in the notice of intended prosecution it was
> written that you normally endorsed with 3-6 penalty points ..
> Sorry for any typos/spellings but i am very stressed ..
>
> I would like some advice / your thoughts on the matter please.
>
>
> Thanks John
> Regards
>
> John

This is the first time I've heard of anyone being prosecuted for this type
of offence on the strength of a photograph.
I'm not entirely sure whether the police can use the photograph as evidence
in this type of offence or how they can assert that the vehicle was moving
at the time you were using the phone.(I'm assuming this prosecution has not
arisen from a speed camera photo)
The police generally need your permission to take your photograph unless you
have already been charged with an offence or are subject to covert
observation.
I seem to recall some publicity a while back concerning the legality of
identifying drivers from speed camera photographs.
Maybe a little googling might throw something up.
>