Can I ask for evidence on motoring offence

I doubt the guard would even show in court.

If they do show I'd let them say they seen you with the phone to your ear talking then show call records, receipts for car phone kit, etc

An awful lot of codswallop here.

Gardai don't give tickets at the roadside

Gardai don't "buckle" in court

Garda ombudsman will file such rubbish under "bin"

Garda WILL turn up in court unless he is out ill or a higher priority issue is pertinent.

If the op is genuine and did not have his phone in his hand, then fight it. Solicitor not required. (They'll charge €100) Having Bluetooth and maybe usage logs may help, but it's how you present on the day.

You might need to attend a preliminary hearing too.

A letter to the superintendent might be an option if you really think the Garda was acting the pr1ck. And if it does go to court you can mention this too.

If he had video evidence then our op is guilty but he said he isn't therefore no evidence is possible

A letter to the Superintendent wont help you - they'll either ignore it or back the guard. Complaining to him would likely guarantee the guard will pursue it to court.

GSOC complaint wont be concluded until after you District Court case - and the guards will push for the prosecution to "prove" they were right (GSOC outcome would be that you were ajudged to have done it in court - they cant challenge a judicial decision).

As for evidence - District Court relies heavily on "sworn evidence" ......sure a guard would never lie in court.

Unfortunately unless you have proof or other witnesses willing to give sworn evidence, there's very little you can do.

Every car I've hired for the last decade or more has had Bluetooth yet you still see people holding their phone to their ear while driving or texting, watching movies or sport while driving. Again the offence is holding not using a phone, logs prove nothing.

I said it already in the thread the OP will just have to learn to sit normal in the car and not rest his head on his hand as this could happen again.

Regarding on the phone or not and challenging it you do know some people would fight it and be adamant they were not on the phone even though they were so you are going up against those kinds of people regarding the judge hearing it all before.

Op same as you, " I know I wasn't on the phone but I do sit with my head propped up by my hand (especially in traffic). "

The Garda is mistaken, op should fight it as that's what innocent people with a backbone do. Good solicitor, won't cost to much if you get one already active on the day.

As for the 5k, I wish them the best of luck with that bull crap the next time.

Wouldn’t it be almost cheaper to just pay the fine rather than hiring a solicitor and going through all the hassle of court? If you can do it alone it could be worth it but surely the cost savings won’t be much with a solicitor involved

Is it possible to get a log showing data used at a particular time from your provider to accompany the call log showing you weren't on a call at the time of the alleged offence for if you do get a Fixed Charge Notice in the post.

I have seen a number of people contest offences for using their mobile phone and most of the time they are lying so aren't successful. The Garda should have details of the interaction written in their notebook and their version is usually more believable.

The judge will normally side with the Garda unless you can create doubt in his/her mind that the Garda was mistaken or is lying themselves.

I know what the offence is. My point is that the more evidence that OP can bring to court the more chance that they have an argument worth bringing before a judge. Very little chance of successfully challenging the charge with no evidence and just saying the Garda is lying.

It does prove they weren't actively using the phone so can create doubt in the case.

3 penalty points could put OP off the road if they have 9 other points.

More than likely they are better off taking the 3 points and paying the fine if they receive a Fixed Charge Notice but if they are telling the truth and didn't commit the offence why should they?

You are right there is no way to prove they weren't using or holding the phone but generally people are scrolling (using data), texting or on a call when using the phone while driving.

Showing they weren't actively doing any of the 3 most common things people do while using their phone will SUPPORT their claim that they are innocent of the alleged offence.

If the person contesting the charge gathers all the evidence available to them to show their innocence it should give them more credibility in the judges eyes.