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For well over a year ago wrote an Extra Magazine on the then 20-year-old Paul, who had been fined for talking in the hand-held mobile phone while driving.
A cop had in January 2017 stopped Pernille, who came running in Randers, and the officer claimed, He was seen with the phone for the right ear. Unfortunately for Pernille she is deaf in the right ear, so it would have been quite pointless to have had the phone for your ear.
He talked on the phone, when she drove the car, but she had earphones in the ears to be able to have a conversation with her friend.
- Because I'm hearing impaired, is deaf in the right ear and also have decreased hearing on the left, I use always the headset when I speak into the mobile phone. Otherwise I can hardly hear what is being said, told Paul to Ekstra Bladet. And she also told the officer that he could see, she used the headphones.
He got a fine of 1500 dollars with home, and she used the subsequent time to consider whether she should proceed with the case.
I just think, I pay. I have neither the time or the energy to do anything about it, said He resigned in march last year.
However, her father persuaded Ben to get the case tried in court, and it was for a judge in the Court of Randers in the previous week.
- She was so skilled inside the court and did it myself, says Deathscythe father, Bruno, to Ekstra Bladet.
the Officer was asked in court whether he could remember the specific case, and that he said no to. Pernille asked for the last word, and she said that she felt it as deeply unfair that she had to pay for something that was physically impossible for her, tells Bruno.
the Phone was in the kardanboksen and according to the prosecutor it is also illegal, as it needs to be fixed, if one must speak in the. He explained, however, that she took the call from her friend by pressing the button on the headset cord.
- When the judge got to know, so he said to Paul: 'Because the witness can not remember the specific case, so you are spared with a warning'. And so I had a relieved daughter, as we walked out of there. Pernille won the case, says Bruno proudly and adds:
- Fight for your case! It can be done!
Cars - 10. nov. 2017 - at. 23:16 Drove with the hand by the ear: Kasper convicted of hand-held mobile
another reader, which has been a trip to court to prove his innocence, is a service technician Tobias Henriksen. In October last year he was stopped by a although in the crossing Jagtvej/Tagensvej in Copenhagen.
- He thought I was talking on the phone, but I was in a car with bluetooth and mobile holder, told Tobias Henriksen in november for the Extra Blade when he had read about the many other cases where drivers were stopped and accused of talking in hand-held mobile while driving.
- As the cop stops me, can he see the cell phone sitting in the cradle, and is even being used as a gps device and is connected to the vehicle's system via bluetooth. So, while I is in ago, should I, if the constable should have the right in its case, have reached to make the four active thing; put it in the holder, start the gps, connect it to the vehicle's installations, and delete in the call log, told Tobias Henriksen frustrated to Ekstra Bladet.
Therefore, he chose, without doubt, to have tried his case in court.
- I'm not going to pay, as I know I haven't talked to in mobile, said Tobias Henriksen back in november, and in april of this year, he should finally prove his innocence. And he was acquitted for that case in the hand-held mobile.
- even Though the police officer had turned up as a witness, and he said that he was only a meter distance so, I talked on the phone, tells Tobias Henriksen to Ekstra Bladet.
- I asked him so when it was 'the trip', whether it was correct that he saw my phone sitting in the cradle, when he stopped me. It he confirmed, but then pulled his three mobiles forward and said that two of them were arbejdstelefoner and one was private, so I could easily had had several phones on the day.
Tobias Henriksen presented his latest and first paycheck, where it says, he is taxed by the phone, so he owns only a telephone.
- Then asked the judge him if he checked if there were any other mobiles in the car. He had not done, and that he lost the case on, I think, says Tobias Henriksen.
71-year-old Kristian Lilleøre was in november of last year stopped by the police between Holstebro and Herning in denmark and accused of having spoken in the cell phone.
But he had the cell phone in his pocket, and he had not had it in use this day. He drove casually with the hand at the cheek, tells his wife, Bodil, to Ekstra Bladet.
- I was a passenger in the car, and we ask the policeman whether he will see the phone's recent calls, which he is not interested in. He believes that Kristian may have deleted the call. Whoops, so that is it, you feel honored....at the age of 70+ in a matter of a few minutes reach to find out how to delete on his phone, at the same time with one flying car. What confidence to ældrepakken, wrote Bodil subsequent humorous on Facebook.
But the couple certainly does not seem, it was a fun experience.
- Both my husband and I were appalled that the police could see anything, there was. It really feels like an abuse to be accused of something that has not happened, and the police as the man trusted to protect us, said Bodil Lilleøre at that time to the Extra Blade.
Subsequently, Kristian Lilleøre sent his teleudskrift to the police. It shows that there is not registered any conversations at the time, he was stopped.
- We got a letter from the police where it was. 'I have abandoned the charge against Them and the reasons for my decision is that I do not expect They will be found guilty of the charge', telling Bodil Lilleøre to Ekstra Bladet. And she continues:
- So he was free to pay the fine. And it was not pleasant, but here the story has taken much of my trust to the police away. I'm so disappointed.
Ekstra Bladet has spoken with vicepolitiinspektør Erik Mather from Sydsjællands - and Lolland-Falster Police on hand-held mobile.
Who has the burden of proof in such a case?
- in General, the police have the burden of proof. It is us who should be able to demonstrate that there has been a cell phone in his hand, says vicepolitiinspektør Erik Mather, head of traffic police in Sydsjællands - and Lolland-Falster Police.
- Our burden of proof will be the testimony of that cop, but it is not that we have photo documentation or other tangible evidence, for it does not exist in this kind of cases, says Erik Mather.