A Hampshire football coach has been cleared of driving whilst using his mobile phone.
Kevin Bond, 66, of Chilworth, Southampton, was cleared of the offence following a trial at Southampton Magistrates' Court on Friday, 10th May 2024.
Using a hand-held mobile phone, or other interactive communications device, whilst driving is an offence under section 41D(b) of the Road Traffic Act 1988. The maximum penalty on summary conviction is a fine at level 3 (£1,000). The offence also attracts a mandatory 6 penalty points.
Magistrates heard that a member of police staff had been trying to cross a Southampton road on Thursday, 22nd December 2022.
As Mr Bond's grey Landrover drove slowly by the witness said he had caught a glimpse of "a dark object" in the driver's hand.
That's it. I kid you not. That's the extent of the prosecution's evidence.
Mr Bond denied holding his mobile phone, explaining to the court that he had a cradle and was in the routine of using it hands free.
Even if he had been holding his mobile, the offence - which requires actual use of the device - would still not have been made out on the witness evidence alone.
He suggested that the witness could have seen him touching his glasses case, or perhaps taking a swig from a coffee cup in the slow moving traffic.
Giving evidence, former Bristol Rovers boss Mr Bond said: "I only know I wasn't holding a mobile phone, I was in control of the car."
Clearing Mr Bond, the Presiding Justice said: "Because of the credible evidence you have given, we find you not guilty."
This may well have been a police led prosecution.
That it didn't get thrown out at half time is truly remarkable.
This was a totally hopeless prosecution, which was doomed to fail from the outset.
What a total waste of everyone's time.
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