Filming With Mobile Phone Whilst Driving Not Guilty

This case proceeded to trial on 7 November 2019 at Falkirk Justice of the Peace Court. Our client was charged with driving a motor vehicle when using a handheld phone and careless driving by using a phone and forcing another vehicle to move left on the carriageway. There was a bit of a background to this case that matters not for the purpose of this review.

The Crown conceded that using a mobile telephone as a video camera did not constitute usage in terms of the legislation (for now at least) and accepted a plea of not guilty to that matter. The remaining charge of careless driving lacked evidence in relation to necessary warning which requires to be issued in terms of s.1 of the Road Traffic Offenders Act 1988. The Crown sought to rely upon a statutory exclusion in cases where an accident has occurred. A common sense approach was adopted by the court and it was accepted that the evidence led at trial did not, under any circumstances, support the fact an accident took place.