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Comedian Jimmy Carr was today (October 16) cleared of using a mobile phone whilst driving, after his lawyer “Mr Loophole” stated his client wasn’t making a call, but using the device to record a joke.

An officer in a marked police patrol car stopped Carr, who was driving his Bentley Continental at 10.38am on the Hampstead Road, Harrow, on January 28 this year, for talking into his Iphone and touching the screen.

However, at Harrow Magistrates’ Court, solicitor Nick Freeman argued that his client had not been using the Apple mobile phone to make a call, or for any other interactive purpose, and therefore he didn’t fall foul of this legislation.

It is perfectly permissible to use a device in Dictaphone mode provided it does not adversely affect your driving.

However, Mr Freeman warns motorists are ill advised in using any such device whilst driving as they are a potential distraction and therefore could be extremely dangerous.

The prosecution had said the mere fact the phone was capable of making an interactive call was sufficient enough for Carr to be found guilty.

Speaking after the hearing Mr Freeman, who earlier this week acted successfully for singer song-writer Van Morrison, said: “Whenever my client thinks of a joke while driving he uses his Iphone in dictation mode.

“Because it was in this particular mode, and not in an interactive one, I pointed out that he hadn’t committed an offence contrary to this legislation.”

The case was dismissed after a submission by Mr Freeman of “no case to answer” and Mr Carr was awarded costs from Central Funds.