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Court victory after mobile phone plea fell on deaf ears
 By
Bill Hicks
A JUDGE has dismissed a case against a driver charged for using his mobile phone — because he was simply holding his ear.
In January, Robbie Bruce from Glasgow was stopped by two police officers on Deans Road, Livingston.
After ushering him into their car they told him he’d been stopped for using a mobile while driving.
Pain
But the forklift engineer had an ear infection — and he’d been clutching his ear after a sharp pain shot through it.
“I was told I could accept a £60 fine plus three penalty points on my licence or have my day in court,” says Robbie.
“When taken into the police car I was asked to bring my mobile, which I had to dig out from the back of my car.
“The officers took the number but had they checked the phone they would have seen no calls had been made when they spotted me.
“Also, my vehicle was fitted with a hands-free kit so there was no need to have the phone at my ear anyway.”
But Robbie’s pleas fell on deaf ears.
“I decided to have my day in court and six weeks later a summons to enter a plea dropped on my doormat. I entered a not guilty plea and sent a letter signed by my doctor to Livingston District Court to say I’d been on medication for an ear infection.”
Still no-one was listening.
“I thought someone would see sense but then a date came to plead my case in court and until then I was left with the issue hanging over me.”
On Tuesday Robbie hung around court for almost three hours and only when a sympathetic Legal Aid lawyer intervened did things change.
“The judge asked if I wanted a lawyer but I had no idea if that would cost me a fortune. He then asked who was representing me and I said I was.
“There was a Legal Aid lawyer in the court so he took me into another room and asked what had happened. When we returned a few minutes later, he spoke to the judge and the case was dismissed.”
Robbie felt the weight of the world had been lifted from his shoulders.
Cost
“I can’t understand why the police didn’t check my phone when I was stopped. They would have been able to see a record of my calls and, apart from months of worry, how much has all this cost?”
A Lothian and Borders Police spokesperson said, “Once charges are made by the police the case is handed to the procurator fiscal, who then decides what charges are brought forward.”
A spokesperson for the Crown Office said, “Following a review of the explanation offered by the accused, and the information which was bought to the procurator fiscal’s attention after the prosecution had been initiated, the proceedings were reconsidered and discontinued.”
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