Using Mobile Phone Whilst Driving - Not Guilty - Willesden Magistrates Court
Mr Sanjay Cholera, a Partner at JD Spicer Zeb and one of our most senior and experienced criminal defence solicitors, attended Willesden Magistrates Court on 26th February to represent a privately paying client in their ongoing criminal proceedings. Our client had been charged with; driving a vehicle on a road and failing to stop the engine when stationary, using a handheld mobile phone whilst driving, and driving a mechanically propelled vehicle without due care and attention, and had consequentially received a summons to attend Court.
Our client’s instructions were that at the time of the incident he had parked his vehicle, with his engine switched off, in a designated drop-off bay which was situated off the main road. Our client maintained that he was not using his mobile whilst driving and instead was adjusting his navigation system whilst stationary, in preparation for his next journey, when the Officer approached him.
At Court, Mr Cholera successfully challenged the prosecution evidence and coherently put forward our client’s defence. Upon conclusion of the matter the Magistrates found that they could not be sure, beyond reasonable doubt, that our client had committed the offences and so he was found not guilty on all three charges.
Mr Cholera then made an application for a Defence Costs Order which was granted, meaning that a percentage of our client’s costs at Court were to be paid by the Courts central funds.