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 being on her mobile phone while driving by a police officer on foot.

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 its case.

Our client was acquitted and walked out of court without points or a fine.

driving on mobile phone

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