Not Guilty of Not Being in Proper Control of a Vehicle
The Court did not accept the prosecution’s case that the driver was not in proper control of her vehicle. She was initially accused of using her mobile phone while driving by a police officer on foot.
A Successful Outcome
At all times, our client denied using or even holding her phone. She was issued with a ticket and chose to fight her case in court. By the time the court papers arrived, the charge had been amended to one of not being in proper control of a vehicle. For this offence, the prosecution doesn’t have to prove that the driver lost control, only that they were not in a position to have control. For example, if you were driving perfectly normally while reading a newspaper, few people would argue that you were not in proper control.
The police officer came to court and maintained he was certain he had seen our client on her phone. He refused to accept that he could have been mistaken. Yet with our careful cross-examination, his version of events fell apart. It became clear to the court that the officer could not be sure what he had seen. There was no evidence of bad driving, and as it is not an offence to have an item in your hand while driving, the court concluded that the police had not proved their case.
Our client was acquitted and walked out of court without points or a fine.
Need help with your case?
I’m Lucy Whitaker, a specialist driving offence solicitor based in Nottingham. My team and I really know our stuff when it comes to motoring offences.
I have gained recognition for my technical ability and understanding of complex areas of driving offence law.
Since 2008, I have worked exclusively as a driving offence lawyer. I set up Pragma Law in 2014 after 8 years working for another law firm. I now work only for private defendants charged with driving offences, but I have also prosecuted cases in the criminal courts in the past. I believe that having experience in both prosecuting and defending has made me a better solicitor and advocate, and I will use my knowledge to your advantage.