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Driving Without Due Care & Mobile Phone Charges – Full Acquittal and Legal Fees Recovered – R v DJ

Our client appeared at Court for trial facing two motoring allegations: driving without due care and attention, and driving whilst not in proper control of a vehicle. The prosecution alleged that he had been filtering through traffic while riding a moped with a mobile phone wedged inside his helmet, supposedly obstructing his vision. The position was that his work strictly required him to drive, making a conviction a direct problem to his employment. Rather than allowing the case to proceed unnecessarily, our defence team actively targeted the reliability of the prosecution’s case during the trial. Through focused cross-examination of the sole police witness, we established that the officer’s observations were compromised while driving, that there was zero evidence of any poor driving or lane-swerving, and that the body-worn video failed to capture the alleged offence.

Following the close of the prosecution’s evidence, we made a “no case to answer” submission to the Magistrates, arguing that the evidence was too weak and speculative to support a conviction. The Bench agreed, upholding our submission and dismissing both charges entirely before the defence even needed to present its case. Our client was fully acquitted, and we successfully applied for a Defence Costs Order. The client received just over 50% of his legal fees back from central funds. This not only protected his driving license and career but also significantly eased his financial burden.

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