Jimmy Carr cleared of mobile charge

Celebrity lawyer Nick Freeman argued that Carr had used the dictation setting of his Iphone to record a joke as he drove.

Mr Freeman, dubbed "Mr Loophole" for his ability to successfully exploit obscure legal defences, told Harrow Magistrates Court that using the phone for such a purpose was not illegal under current law.

He argued it was permissible to use a device in dictation mode provided it did not adversely affect driving ability.

Carr, whose deadpan delivery and dark humour have made him one of the UK's most successful comedians, said after the case: "This is not a moment of levity, this is a very serious situation."

The comedian was driving his Bentley in Harrow, north-west London, on the morning on January 28 this year, when he was stopped by police for talking into his Iphone and touching the screen. Mr Freeman argued that his client had not been using the phone to make a call, or for any other interactive purpose, and therefore didn't fall foul of the legislation.

The prosecution argued that the fact the phone was capable of making an interactive call was enough for Carr to be found guilty. But the case was dismissed after a submission by Mr Freeman of "no case to answer".

Mr Freeman 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."

But he added that motorists were ill advised to use any such device whilst driving as they are a potential distraction and therefore could be dangerous.

Dubbed "Mr Loophole" owing to his talent for finding unusual technical defences, Mr Freeman has represented celebrities from footballer David Beckham to snooker player Ronnie O'Sullivan.