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BBC News, Wednesday, 8 June, 2005
A man has been found not guilty of driving at 156mph while holding a mobile phone to his ear.
A sheriff ruled that the Crown had not served a notice of prosecution on Ronald Klos, 37, who denied driving dangerously on the A92 in Fife.
Mr Klos was allegedly caught on camera in his BMW M3 CSL near Kirkcaldy during a speeding crackdown in May last year.
Sheriff Paul Arthurson said the Crown could not bring an alternative charge of culpable and reckless conduct.
Kirkcaldy Sheriff Court was shown a video recorded in a police van used to monitor and record traffic speeds.
Laser system
The laser-based equipment in the van could register the speed of a car in a third of a second, the court heard.
Further examination of the pictures revealed that the driver was holding what appeared to be a mobile phone to his ear.
Mr Klos, from Markinch, told the trial that he had left his car at the home of a friend the previous night because he had been drinking.
He said he had taken his daughter to a swimming pool using his wife's car at the time the police allegedly recorded him driving his BMW at more than twice the speed limit.
Under cross-examination, the camera operator admitted that in his statement he had said he could not identify who was driving.
The car was one of 200 caught on camera during the weekend operation by Fife Police.
Sheriff Arthurson said he found all the Crown witnesses credible but that he was forced by a matter of law to return a not guilty verdict.
The BMW M3 CSL is said to have an electronically limited top speed of 155mph. Its 3.2litre engine is capable of taking the car from 0-62mph in 4.9 seconds.
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