Lighting up fixed penalty notice

[richardhall]

I was recently stopped by a policeman while in my car. He said he saw me light a cigarette with both hands while driving on a busy road about 20mph I reckon and that was an offence as I was not in control of my car. I strongly denied this as I didn't light up with 2 hands definitely one hand, he still gave me �60 and 3 points. I want to contest this but unsure of my chances as it's his word against mine. I've had a clean licence for over 10 years and only 2 fixed penalty notices in 26 years and feel aggrieved that I'm getting points and a fine for something I haven't done. What are my chances if anyone can help?

[Ethel]

Frankly, nil.

[y-cymro]

I've read of people being fined for eating an apple (one handed), drinking a bottle of water (one hand) so I don't know what your chances are.

If it's purely one word against another, I doubt your chances, as the court would usually take the side of the police in those circumstances. (Unless they know that the cop involved has been discredited in the past for being over-zealous - but that;s not easy for you to find out)

[helpmepls]

Sorry dont know alot regarding this kinda thing.....if what you say is true & you didnt commit this act then I feel for you. I can appreciate how fustrating this must be for you. I never in a million yrs thought Police can be Sooooo wrong in their work but as you've found out....they can & for some reason alot of us accept it. I had an awful experience with Police just recently....never had any dealings with them before....(read my post...common ass by beating but i'm the victim) You'll understand why I have a different opinion on Police now than I ever used too. Fight it..I would! Good luck. xxxx

[857DNEGEL]

If you broke the law and got caught then pay the penalty.

[Ethel]

Fight it and you will end up paying more.

[New Judge]

Whilst you will not be subject to quite the draconian penalty envisaged by Tetjam, if you wish to dispute this matter you must decline the offer of a fixed penalty and ask for a court hearing.

To dispute the offence entirely you must plead not guilty and face a trial. From what you tell us your chances of acquittal are virtually nil. The most likely penalty in the event of your being found guilty is a fine of one week�s net income and 3 penalty points. In addition you will be liable for a contribution to prosecution costs for preparing the matter for trial and this will be in the region of �250.

Your other option is to plead guilty but offer mitigation, though quite what form this would take I cannot see. In this case your fine would be reduced by about a third (though not the points) and the costs would be about �45, so there is really no value in this option for you.

[terambulan]

If it goes to Court you will have a heavy penalty ie �1k and more points.

The police always have back-up for their accusations else it would be too risky for them to prosecute. They're not to be challenged with their technology today.....so don't risk it.

[richardhall]

Thanks for all the advice, well some anyway. Looks like i'll have to take it on the chin and put it down to experience. Oh and i'll try and quit smoking as well!