Mobile Phone Offence
The use of any hand held mobile phone or similar handheld communication device while driving is prohibited and attracts 3 penalty points and a fine the level of which will depend on whether or not you were driving a vehicle intending to carry 8 or more passengers at the time of the offence.
The offence was created in response to the increasing numbers using their phones with often fatal consequences whilst driving. The government has published a great deal of information about the research into the use of mobile phones.
The offence of driving whilst using a mobile phone can be made out even when the quality of your driving is not affected. If the standard of your driving is affected whilst using a mobile phone, you could face prosecution for more serious charges of careless or dangerous driving. It is widely considered by many courts that where a mobile phone was in use illegally at the time of an accident, charges of dangerous driving, an extremely serious offence, are likely to be upheld.
A mobile phone can be used whilst driving in conjunction with a 'hands free' kit provided that the phone can be operated without holding it. Hands free kits that require you to take your hand off the wheel to operate it are not considered legal and you could be prosecuted even where you have been using a hands free device so be warned!
The law does not only apply to mobile phones, but also applies to any similar device that is hand held such as a "blackberry" device or navigation equipment and other computer equipment.
The only permissible defence to the above law arises if a person uses a hand held mobile phone to contact emergency services (999 or 112) in a genuine emergency and when it is impracticable to stop.
At all other times (even while sat in a traffic jam) an offence will be committed.
Check out Jeanette Miller aka Miss Justice talking on BBC Breakfast about the mobile phone offence and penalties in August 2012.
The main defence we have successfully presented in relation ot the mobile phone offence is to raise evidence that our client was not "using" the phone for the purpose of communication. So, for example, if you have your mobile phone in your hand but you are using the dictaphone function of the phone, this is not considered to be communicating with a third party and so should result in your acquittal being secured.
However, if you are typing or reading texts or talking on your phone, there are no technical loopholes that could assist in securing your acquittal.
If you were genuinely not using your phone, we are likely to suggest that you give evidence of your account of why the police stopped you and we would also make an application to your phone network for your phone records to be disclosed that can prove all incoming and outgoing calls being made on your phone at the time of being stopped by the police. It helps if you have no previous convictions if we are to run this kind of defence as your credibility as a witness will be key to whether the Magistrates accept your account, particularly over the word of an officer of the law.
Not Sure What to Do?
Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the mobile phone offence they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 085 2784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.
If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our penalty calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.
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