Mobile Phone Offences

Most drivers possess a mobile phone. Most drivers are also aware of the fact that it is an offence to use a mobile phone whilst driving. A lot of people, however, are unaware that committing this offence can result in the imposing of three penalty points, which in turn may lead to 'totting up' or possible disqualification.

This offence came into force in February 2007. It should be noted that the offence not only covers using a handheld mobile phone, but it also covers use of any communication device including satellite navigation systems, blackberries or computers. It will also be considered an offence even when sitting stationary in traffic if the vehicle's engine is running.

If you are accused of this allegation there are a number of possible lines of defence. For instance, a motorist can use a mobile phone to make a 999 call in the case of a genuine emergency when it is unsafe or impractical to stop. It would also be a defence if in fact the motorist was not holding the mobile phone or another communications device, but was using a hands free kit which enabled it to be used without being held.

The prosecution may say through the use of their witnesses that you were seen or thought to be seen using your mobile phone. It is possible to challenge this at trial by testing their evidence. At Motoring Law Defence, we will be able to, on your behalf, cross examine in court such prosecution witnesses questioning their reliability as to what they really saw which may result in you being found not guilty.

The Penalty

Driving whilst using a mobile phone is punishable with three penalty points or a disqualification and a financial penalty may also be imposed.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

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