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Driving While Using Mobile Phone, Lanark, 18 January 2017, Not Guilty

Our client was prosecuted for driving while using a mobile phone. Mobile phone cases now carry 6 points but at the time of this incident, it was a 3 point offence. Our client had a clean licence but had refused to accept a fixed penalty on the basis that he was entirely innocent.

If you have ever heard the Jeremy Clarkson catchphrases “you couldn’t make it up” or “for crying out loud”, they sum up this case very well. The police statements made clear that our client was driving a standard white transit van. In fact, and this was proved in evidence from the DVLA, his van was bright orange and had been since 2011. Not only that, it was an adapted transit van with a flatbed and could not be more different from a “standard” van if it tried. When confronted with this evidence, one police officer adopted a “so what” attitude and the second said “that isn’t the van we stopped”. The police officers also flatly contradicted themselves in other aspects of their evidence.

Our client was eventually found Not Guilty after the police “evidence” was rejected out of hand.

This case was prepared and conducted by Steven Farmer on 18 January 2017. We win more than 90% of our mobile phone cases and are rated the UK’s leading road traffic specialist firm by TrustPilot. See some of our reviews below.