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The use of a hand held mobile phone whilst driving is illegal and is punishable with 3 penalty points and a fine, however in more serious cases where the use of a mobile phone has resulted in a clear danger a charge of dangerous driving may be brought and that could result in a custodial sentence. For free initial guidance on your options from expert solicitors 24/7 call 01616 966 229.
An allegation of mobile phone use whilst driving use needn’t lead to a conviction, if you would like to discuss your case with one of our specialist motoring solicitors or lawyers contact us for advice.
A charge of driving whilst using a mobile phone can be brought against you even if you are in stationary traffic, unless the engine of your car engine is switched off.
A charge can be brought against a passenger of a car if they are found to be using a mobile phone when supervising a learner or provisional driver.
Employers can be prosecuted if they are found to be allowing / requiring drivers to answer the phone while driving.
Whether or not your driving level has been affected you will be prosecuted for the use of a mobile phone behind the wheel, unless you are contacting the emergency services in a genuine emergency and where it is unsafe and impracticable to stop.
Often when an allegation of driving whilst using a mobile phone is brought it is a case of what a police officer saw or what they think they saw, it is possible to challenge this at trial, we have substantial experience and are able to arrange for expert cross examination.
A mobile phone will be classified as hand held if at some point in making or receiving a call the driver holds the device, other examples of use that will lead to prosecution include:
Whilst there is no specific ban on the use of hands-free devices it is important for drivers to realise they can still be prosecuted if the police believe the use of such a device is causing you to drive poorly.
If you would like to discuss your case with a motoring offence solicitor please contact us for advice.
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