Richard Skedzielewski (30) is said to have targeted two women – one driving a black Honda Cr-v and the other a white BMW 3-series – while they were travelling between junctions seven and nine on the motorway, close to the village of Haggs, near Stirling.
It is alleged he undertook the Honda and drove beside it one-handed, while using his other hand to “repeatedly display to the driver a handheld device”.
He is then said to have drove alongside the BMW, again using one hand to repeatedly show the driver a mobile, repeatedly sounding his horn, and moving between lanes in an attempt to block the path of the BMW.
He is accused of repeatedly showing both women an image of a naked penis in the incidents.
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Skedzielewski, Castlehill View, Kilsyth, faces two charges under the Sexual Offences (Scotland) Act, and two of driving dangerously and failing to maintain proper control of his 15-year-old blue VW Golf, on February 6 last year.
He did not respond when his name was called at Falkirk Sheriff Court on Monday and prosecutor Michael Maguire asked for the case to be continued for the Crown to post him his court papers.
Sheriff Derek Livingston said he was “concerned about the procedure” being used by the Crown to start the prosecution.
He said: “It is suggested this guy was driving dangerously on two occasions the same day and also that whilst driving he is showing naked images to females.”
He told Mr Maguire: “I’d strongly suggest this is one where you use personal service.”
So-called “personal service” under summary procedure in the sheriff court requires the procurator fiscal to request the police to deliver an accused’s citation to his home address by hand, rather than just posting it out and waiting for a reply, which is the system used in the majority of cases.
Sheriff Livingston continued the case without plea under January 22 to allow this to be done.