How to avoid a fine for talking to your mobile phone if they do not stop you

Sometimes it is possible to avoid being punished with a fine for using your mobile phone while driving if an authority does not stop you. How? The issue has its trick, the issue is that an agent of the authority - whether a policeman, a civil guard, or any other - must provide evidence of the crime to sanction you, if you do not, you can appeal the fine. These penalties of up to 200 euros include loss of points on the driver's license, but the most dangerous are the accidents caused by talking on the phone while driving. If still, they have caught you doing it but they have not stopped you, you can appeal the fine and win the resource! In .com we explain how to avoid a fine for talking with your mobile phone if they do not stop you.

Violate the presumption of innocence

As you well know, in our country there is a presumption of innocence before any accusation, this includes, of course, fines or traffic sanctions. An authority can report a certain infraction, such as speeding or talking on a mobile phone, but in order for the offense - or crime - to be sanctioned, evidence must be provided.

The current law does not specify that the agent must provide evidence, but does not specify otherwise. There has already been a case in which a judge dismisses a complaint to speak on the mobile phone because there is no corroborating evidence, so this ruling can create case law and be used by other drivers to avoid fines.

So ... how to avoid a fine for talking to your mobile

Right now, you can avoid getting fined for talking to your mobile phone as long as the agent has not stopped you at the time of the infraction or there is no evidence. In that case, as we said before, the presumption of innocence would be violated and the fine should be waived.

It is possible that in the near future the legislation is modified so that this form of recourse has no effect, it may not be in accordance with the Spanish Constitution, but the Traffic Law can be modified to prevent these small traps from working.

Recommendations to avoid fines for talking with your mobile

Although you can avoid a fine for talking with your mobile phone in the car if they do not stop you, the best way to avoid fines and, of course, avoid major problems, such as accidents, is not to use your mobile phone or give in to any distraction when you goes behind the wheel Do not use your mobile while driving!