Technical Objection Upheld in Mobile Phone Prosecution

This case was heard within Glasgow Justice of the Peace Court on 2 May 2018. Our client already had six penalty points on his licence at the time of the alleged offence and therefore faced the possibility of a totting-up disqualification in the event of conviction. As most people know, totting-up bans tend to be for six months however it is open for the court to disqualify for longer.

The alleged offence had occurred two days before Xmas and our client’s attempt to invoke a bit of Christmas spirit in the Police officers had failed. The case proceeded to trial and the first Police witness gave evidence to the effect that he witnessed the accused turning in front of his vehicle whilst using a mobile phone. The Police witness further described the mobile phone in detail and explained that he saw the accused holding the phone with his right hand to right ear during which time the accused’s lips were moving as if engaged in conversation.

This seems like a pretty clear cut case of usage however a legal objection was taken to a particular passage of evidence. A motion was made to desert the trial and legal argument was heard in relation to a point of law which had unexpectedly arisen. The Justice of the Peace sustained the objection and agreed with our motion that the trial should be deserted in all of the circumstances.