It is very unlikely that your sister will get off. If all you need is some kind of phone statement from telstra that you werent recieving or outgoing a call, then EVERYONE who appealed would get off.... Unfortunately even though the cops made a mistake, It may be just better to pay the fine and lose the points... Unless your sister is going to lose her liscense, i wouldnt bother appealing it through the courts.
It is very unlikely that your sister will get off. If all you need is some kind of phone statement from telstra that you werent recieving or outgoing a call, then EVERYONE who appealed would get off.... Unfortunately even though the cops made a mistake, It may be just better to pay the fine and lose the points... Unless your sister is going to lose her liscense, i wouldnt bother appealing it through the courts.
I hope she gets off the hook... it's not going to be easy if they decide to take the case on, they could say she probably was listening to something (it's not necessarily a phone call) and it will be her words against theirs.
AFAIK though, in a case like this, she has to prove that she actually didn't do the deed. A statement from her mobile phone company should suffice.
IMO, if this happens to me, I would just show my mobile's call register to the copper, so he can see that there's no incoming/outgoing call at all - that should convince him enough. And if it doesn't I will ask him to impound my mobile to be used as evidence against me (which I know won't work, as phone company record will show no incoming/outgoing call at the time). As I will be going to court.
Speaking of phone record, does your sister get monthly phone bill? My bill shows all call details... but it is a bit hard with text msg though.
Good luck with the case
True, and if the penalty itself was to have that effect I'm sure they would take it into account, but if it just puts her close to losing it they wont.
Bro, how can you get a witness if she was in the car by herself not talking to anyone??? You should go up as the witness and say she wasnt talking to me and shouldnt that suffice? The police as you point out, are lieing under oath and the court system seems biased toward them. this is utter crap. If they pick you up on a charge and I mean any charge they should have the proof to back it up. I hope you win this mate and dont be put off by anything they throw at you because the police should be accountable like everyone else.
unfortunately its because of her record they feel the need to persecute her. They have made her a target.
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