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Driving while using mobile phone, Hamilton, 6 July 2015

Our client was accused of driving while using his mobile phone. A key piece of evidence against him was a purported admission from him to the police. Our client denied making the admission. We objected to the evidence being led on the basis that our client had not been cautioned despite clearly being under suspicion of an offence at the time. The court agreed and the evidence was ruled inadmissible. The only other evidence against our client was that he was holding the phone in question which, as the case law makes clear, is not sufficient for a conviction of driving while using a mobile phone. As our client’s so-called confession was ruled inadmissible, there was therefore insufficient evidence against our client and he was found Not Guilty.