CASE DROPPED: Reaction to Frank Lampard escaping charge of driving while on mobile phone
Ex-footballer Frank Lampard was cleared of using his mobile phone whilst driving after the case was dropped by the Crown Prosecution Service (CPS) earlier this month.
The 43-year-old Chelsea and England star was accused of using his phone at the wheel after a video emerged from cyclist vigilante Mike van Erp.
Lampard was seen driving in west London by the cyclist in April 2021. The CPS contacted the football player and manager earlier this month to notify him that the case had been dropped due to insufficient evidence.
A CPS spokesperson said: “After examining a file of evidence submitted by the Metropolitan police service, we concluded, in accordance with our legal test, there was insufficient evidence to provide a realistic prospect of conviction.”
Hojol Uddin, Head of Motoring Law at JMW Solicitors, commented on the case saying: “The charge of using a hand-held mobile device has to satisfy three elements. One, it is physically held, two it is being used to perform an interactive communication (transmitting data) and three that the person is driving (that includes in stationary traffic).
“In relation to this incident with Cycling Mikey who is famous on YouTube and his sole purpose it appears in life is to catch people potentially committing offences, he is a one man police force in his own right. However, he does not always get it right, and this case shows exactly that mistakes are made.
“In recent years the Police have been urging members of the public to provide evidence and information to assist in prosecuting drivers, and allowing it to be submitted through an online portal. Thereafter it would go to an evidence assessor (within the Police) and then determine a charge. There have been numerous errors here not only from Cycling Mikey, but also whomever reviewed his submission. Once a qualified lawyer in the CPS has considered the evidence, they deemed it insufficient. It shows that leaving the power to the hands of members of the public, who some would say act as a vigilante is not the best approach to gathering evidence.
“The alternative approach the Police could have considered on this is the lesser charge of not having proper control of a motor vehicle resulting in 3 points and a fine.”