A businessman spotted with his phone in his hand as he passed a serious accident in Fife told a court he was “listening to a podcast”.
Derek Rutherford passed the smash on the A92 on December 8 2021.
Officers spotted him holding the device but were unable to stop him at the time so he was arrested later.
Rutherford, of Cooper Ha Avenue, Lochgelly, admitted driving carelessly by holding up a mobile phone while passing a serious road accident with emergency personnel, while not in proper control of the vehicle.
He had initially been charged with dangerous driving but the Crown accepted a plea to the lesser charge.
At Dunfermline Sheriff Court the 47-year-old said he had been listening to a podcast and was adjusting his phone.
Sheriff Grant McCulloch handed him five penalty points and fined him £400.
Police concern
Fiscal depute Eve McKaig said police were dealing with the aftermath of the crash on the westbound carriageway near Cowdenbeath.
“At 7.15am officers attended the scene of a serious road collision.
“The lanes closer to the central barrier were closed to facilitate enquiries.
“There had also been safety concerns as one of the vehicles was resting on the barrier.
“Police officer Findlay and Special Constable Valentine observed a grey Vauxhall van driven by the accused with a mobile phone in his hand.
“It was unsafe to signal him to stop at that time.”
Officers later visited Rutherford at home, where he admitted being behind the wheel.
Podcast adjustment
Solicitor Lewis Faulds, defending, asked that Sheriff Grant McCulloch refrain from banning Rutherford as he needs his licence to run his construction firm.
He said: “Mr Rutherford was travelling for work.
“He was listening to a podcast, something he does regularly.
“He interacted briefly with his phone to change it and police observed him.
“The incident happened very quickly and was brief.
“He works for Fife Construction and is a company director.
“He requires his licence for work.
“He accepts his behaviour and has taken steps to make sure that it’s never repeated.”
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