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Driving while using mobile phone, Glasgow, 10 March 2017, Not Called

This case called for trial on 10 March 2017. It was at a time when driving while using a mobile phone still attracted 3 points rather than the stiffer 6 imposed nowadays. However as our client had 9 live points on his driving licence that was not a comfort to him.

The case was very much “by the numbers” for driving while using a mobile phone. The police had taken up a location adjacent to the road which concealed them from passing motorists (and would-be mobile phone users!). This had the advantage of enabling them to catch people unawares but comes with the disadvantage (always denied) that their view is compromised.

The police position was that our client was texting on his phone, a claim he disputed. As part of our case preparation we took up video footage from the police location to demonstrate the limits to their view. The aim is then to attack the reliability of the police evidence.

In the event, this did not prove necessary. The Crown ran into difficulties on the day of the trial. In the circumstances of the case, we were able to persuade the court that it would not be in the interests of justice to allow an adjournment of the case. The case was then deserted by the court.

This case was defended at court by Graham Walker on 10 March 2017