Smith v Procurator Fiscal, Glasgow

Criminal evidence – Road traffic offences – Driving when using mobile phone – Sufficiency of evidence. Sheriff Appeal Court: Refusing an appeal against conviction by an appellant who was convicted of driving a motor vehicle when using a mobile phone, the court rejected the contention that the evidence of two police witnesses who said they saw the appellant operating a mobile phone was insufficient and that the Crown required to prove that the phone was capable of carrying out an 'interactive communication function' by seizing and examining it, holding that a court would be entitled to accept, without the need for further evidence, that a witness could recognise a hand held mobile phone upon seeing it, and that a mobile phone was capable for the purposes of reg 110(6)(c) of the Road Vehicles (Construction and Use) Regulations 1986 of carrying out an 'interactive communication function'.

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