Using a Mobile Phone Whilst Driving

Prosecuted for using a Phone Whilst Driving? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.

Hand held smartphones are all-pervasive. It is no surprise that prosecutions for using a mobile phone whilst driving a motor vehicle are on the rise.

Using a hand-held mobile phone whilst driving a motor vehicle is illegal.

You can be prosecuted for this even if your car is stationary – for example, if the engine is running, including in traffic queues and at traffic lights. (Section 110 of the Road Vehicles (Construction and Use) Regulations 1986).

You could also be prosecuted not just for making or receiving calls, but also for messaging on an app or texting.

Defences

To be convicted of the offence, the prosecution has to prove beyond reasonable doubt that you were actually driving with a mobile telephone in your hand and that you were using it. Normally the prosecution rely on the evidence of a police officer who will claim to have witnessed this.

If you deny the offence, then your case will be heard at a trial in the Magistrates’ Court.In numerous cases we have successfully represented clients at trial who deny using their phones contrary to what is recorded in the witness statement of a police officer. Often, we can show that an officer was mistaken in what he saw or that you simply were not using the phone at the time as could be evidenced by way of production of your call records.

Penalties

If you are caught driving while using a mobile and if you were considered to be holding the phone, you will be at risk of 6 points and a fixed penalty or a summons to court and a maximum fine of up to £1000.

If you dispute the allegation and reject the fixed penalty and subsequently proceed to trial then there is a risk of a higher fine if you were to be convicted and the associated court costs, but the points will not increase.

A conviction for this offence carries six penalty points and could put you at risk of disqualification should you have six penalty points existing on your licence under the totting up provisions. If so read our guide to Avoiding a Ban – Totting Up.

If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.