Takeaway driver cleared of using mobile phone while driving despite police seeing him take picture of South Shields crash

Vietnamese national Dawid Phuphali, 41, of Belloc Avenue, South Shields, pleaded guilty to the offence when he appeared at South Tyneside Magistrates’ Court.

But it was withdrawn after District Judge Sarah Griffiths recalled a similar case as being thrown out at the High Court last year.

Legal checks of that judgement revealed that taking a photo or video while driving, but not sending it electronically while moving, had been ruled not to be an offence.

The court heard he took the photo to send to friends in Vietnam who did not believe accidents happened on UK roads.

However, Phuphali also pleaded guilty to having a knife or sharp pointed article in his car and delivering food without a business licence.

He has now been spared jail after the court heard the blade was an ornamental sword, accidentally left in his blue Audi A3 while moving home after the breakdown of a relationship.

Prosecutor Ben Woodward said: “On April 10 police were called to a road traffic accident at Crossgate in South Shields.

“Their attention was drawn to the defendant who drove by and took a photograph.

“He was asked what he was doing and he said he had taken the photo of police and that he was a delivery driver for a takeaway firm.

“Checks showed that the vehicle was insured for the defendant but not for business use.

“The officers then found a medium-length sword in the footwell.”

Joanne Gatens, defending, said: “It was an ornamental item made with a brass tip. It was stored on their fireplace.

“He’s separated from his partner and was using lockdown to move things.

“Some items had been in his car for a few days and he’d forgotten to take them out.

“There are far more road accidents where he comes from than in the UK. He was sending the photo to friends to show that we do have road traffic accidents in England.

“He went on to explain that his friends think that there’s nothing like this in the UK.

“He thought that business insurance was only needed if you were driving a truck. He now has his business insurance.

“He has no previous convictions. His sister is opening a Thai restaurant and he is going to be the chef and delivery driver.”

The court heard the starting point for the weapon offence was 26 weeks in prison.

District Judge Sarah Griffiths jailed Phuphali for 18 weeks for the article possession, suspended for 12 months, and he must complete 80 hours of unpaid work.

He was given six penalty points for driving without insurance, and he must pay a £122 victim surcharge and £85 court costs.

She told him: “You should never have had that item in your motor vehicle. I accept that you had it as a decorative item.”

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