Mobile Phone Trial Glasgow JP Court Not Guilty Plea Accepted
Our client was stationary in traffic with her handbrake on. Her daughter was in the back seat and ask her mum if she could play with her mum's phone. Our client picked up her phone and handed it to her daughter.
The police witnessed this incident and told our client at the roadside that there was insufficient evidence to charge her with using her mobile phone. Our client was offered a 3 point fixed penalty for careless driving with no mention of the mobile phone.
Our client flatly denied that her driving was careless and refused the fixed penalty.
The matter was reported to the Procurator Fiscal's Office in Glasgow who took the decision to prosecute her for... using her mobile phone whilst driving (which carries 6 penalty points).
Quite clearly something was wrong with this case. When we received the statements there was no indication of the phone having been in use.
On the morning of the trial we raised the issues with the prosecutor. The Crown made an offer to reduce the charge to one of being distracted by her phone (which carries 3 penalty points). The offer was refused.
Following some deliberation, the Procurator Fiscal Depute reluctantly conceded defeat. The matter was not called before the Court which effectively amounts to a finding of not guilty.
This case was one of two cases defended by our Mr Simpson at Glasgow Justice of the Peace Court on 26th November 2019.
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