When can I be charged with the use of a mobile phone whilst driving?
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.
Hand held devices
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:
- Sending or receiving text or oral messages
- Sending or receiving picture messages
- Accessing the internet
- Sending or receiving facsimile documents
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.