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Question

How to prove my phone was not in use to the police

Sep 4, 2018 1:20PM PDT

Hi. I was recently involved in a road traffic accident where a speeding motorcyclist crashed into my car and was seriously injured. I feel I had driven with due care and attention and at this point it would appear that the police have no evidence against me to say otherwise. Now my problem. At the scene, the police seized my Huawei P9 plus as evidence. Before I was taken away by the ambulance the police briefly handed the phone back to me, inviting me to write any contact numbers down. I opened the phone and noticed my whatsapp on the home screen. As a knee jerk reaction I deleted the app by dragging it to the trash can at the top of the screen. I did this to protect my privacy (naughty pictures of my wife to be exact) as I was now feeling violated. In hindsight this was a very foolish thing to do. One of the officers saw me delete whatsapp and I am now being accused of perverting the course of justice! I do not use my phone whilst driving and my phone was locked and inactive at the time of the accident. My whatsapp is not backed up and end to end encryption is enabled. I have contacted whatsapp to see if they can help me prove that I was not using my phone; they cant help. I contacted my network provider to see if they have exact records of my data traffic at the time of the accident; they do not. My Question: is there any way I can prove to the police that my phone was locked and not in use during the time of the accident? Any ideas would be wonderful as I'm fast running out of my own!

Discussion is locked

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Clarification Request
(NT) If you restore the app, will you get your history back?
Sep 19, 2018 12:46PM PDT
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Answer
This is a legal matter.
Sep 4, 2018 1:26PM PDT

And should be something you talk about with your lawyer.

My bet is the lawyer will tell you to stop talking and posting about this.

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Excellent advice
Sep 4, 2018 3:42PM PDT

You should make no further comments without advice from your attorney and nobody on this site is qualified to offer legal advice.