Do you know you may be innocent of the allegation against you?
Before pleading guilty to an allegation of using a mobile phone whilst driving it is important to consider the following issues.
What is the law / legislation that you are supposed to have broken?
Law / Legislation: You will likely be charged under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986. There has been considerable uncertainty as to what the law actually means.
The using of a mobile phone offence occurs when ‘a person is driving a motor vehicle on a road and is using a hand held mobile phone’. The legal position is that the mobile phone is considered to be hand held if it is actually held at some point during the action of making or receiving a telephone call.
What is the evidence against you? The opinion of the police officer!?
a. A police officer states you were making or receiving a call but you were using a Bluetooth headset or hands-free kit.
You were not using a mobile phone whilst driving if you were using a Bluetooth headset or another type of hands free device at the time of the alleged offence. Therefore, you may have a defence. You will need to provide evidence of the hands free device.
b. The police officer states you were talking on the phone but you were not making or receiving a call at the time of the alleged offence.
If you were not making or receiving a telephone call at the time of the alleged offence then you have a stronger defence. In the event where no telephone call was made or received, it is important to request telephone records direct from your service provider.
If your defence one of the following you should contact www.drivingsolicitors.co.uk immediately.
What is the penalty for using a mobile phone whilst driving?
Using a mobile phone whilst driving now carries 6 penalty points and a fine.
A hand held device? Texting when driving? There is also an offence of using a hand held device if it is used to perform an ‘interactive communication’. Interactive communication includes sending or receiving texts messages, Facebook messages, emails, etc.
Driving Solicitors would welcome all comments and questions relating to this article. It is important you contact us immediately should you face an allegation of using a mobile phone whilst driving.
When you can use a phone in your vehicle
You could get 6 penalty points on your licence and a fine of £200.
Your case could also go to court and you could be disqualified from driving or riding and get a maximum fine of £1,000. Drivers of buses or goods vehicles could get a maximum fine of £2,500.
If you plead guilty after seeing all the evidence against you (this may take several weeks or months to obtain), you will still only receive 3 points. Even if convicted after a trial you still only receive 3 points.
For more information on drink driving offences please Click Here