Mobile Phone Charge Not Guilty Insufficient Evidence

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

Our client was on nine points when he was charged by the Police with using his mobile phone whilst driving. He was so adamant at the time that he was not using a phone that the Police nearly charged him with a breach of the peace. The irony was that our client didn’t even have a phone in his possession and he was actually driving back to get it. In any event the Crown failed to lead sufficient evidence that the “phone” was actually being used and our no case to answer submission was upheld.

Published: 07/06/2017

Need help with a similar case?

Contact Us

See also

The Long Arm Of The Law

Our client was charged with using his mobile phone to text whilst driving. The police officer was adamant that from a distance of around 10 feet with nothing to obstruct his view he clearly saw our client using his right hand to send a text message. He was unable to see his left hand at all and presumed that it must have been on the steering wheel. The officer was asked if he noticed anything about our client at the time to which he replied that he had not. Our client was then invited to remove his jacket in the dock to reveal that he did not have a right arm. Needless to say that the officer was suitably mortified. This case attracted national front page headines across the UK - 'The Long Arm Of The Law' (which you can view in our Press & Media section). Our client was formally acquitted of the charge....