A DRIVER who filmed a crash on his phone is locked in a court fight over the loophole he used to get his conviction quashed.
Ramsey Barreto, 51, was found guilty by JPs before an appeal judge overturned the decision, saying it was illegal only to use a phone for “interactive communication”.
Now prosecutors have challenged that in the High Court, insisting rules bar “any use of a handheld mobile while driving”.
The court was told police saw Barreto “slowly drive past, holding a mobile against the driver’s side window, appearing to film for ten to 15 seconds”.
The builder, of Ruislip, North West London, was convicted of using a phone while driving by Willesden magistrates in July.
In October, Isleworth crown court judge Simon Davis rejected his claim that a passenger filmed but quashed his conviction over the loophole.
Prosecutor Louis Mably QC has told the High Court that ruling was illogical.
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He said the law was to stop all “unsafe driving caused by holding phones”.
But Barreto’s barrister, Jyoti Wood, said road laws ban calls, texts and internet use but not using phones as cameras.
Lady Justice Thirlwall will give her judgment later.
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