Mobile Driving Offence
Have you been wrongly accused of using your mobile phone while driving? Don’t risk 6 points and a fine – Driving Solicitors can help you keep hold of your licence.
It is a driving offence to use a hand-held mobile phone or device whilst operating a motor vehicle. If found guilty, this driving offence carries a fine of up to £1,000, in addition to 6 penalty points.
The fine can increase to up to £2,500 if the vehicle being driven was a bus, coach or heavy goods vehicle. Driving Solicitors can help build a defence to save your licence, avoid penalty points and a fine.
What Must The Prosecution Prove?
The Prosecution must prove, beyond any reasonable doubt, that the defendant was in fact driving with a phone in their hand, and that it was in use. The term “Use” hereby encompasses using the device for any telecommunication function, not only making or receiving phone calls; this covers texting, using Apps, or messenger services that facilitate communication with other people while driving.
If a person is caught using a mobile device whilst driving, and if they were seen to be holding the phone in their hand, they can receive 6 penalty points plus a fixed penalty or a court summons.
If you have been wrongly accused of using your mobile phone while driving, get in touch; Driving Solicitors can help you.
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In order to escape prosecution for using a hand-held mobile whilst driving, doubt must be established. Driving Solicitors can help this be achieved by providing evidence to show that the defendant was either not holding, or not using, the mobile device whilst driving; in other words, that the Police Officer was mistaken. In order to do this, call records can be used to show that no messages or calls were received or made around the time that the offence was alleged to have taken place. This is a common defence, as Police Officers rarely make efforts to collect evidence of the driving offence by obtaining call, text, or data usage records to prove that communication was taking place.
Note, it is unwise to accuse a Police Officer of lying, unless this claim can be robustly substantiated.
Where the Police Officer Refused to Look at the Phone
Occasionally, the device will be offered to the Police Officer in order to prove that no offence took place. If the Police Officer refuses to look at the usage history of the device when offered, this can be advantageous at trial, as they have a duty to conduct a proper investigation, which involves gathering evidence that both suggests a driving offence has been committed, and that suggests it has not.
In court, the Police Officer will be reminded during cross-examination that they asked to examine the phone records and history and declined to do so.
If you have been wrongly accused of using your mobile phone while driving. Don’t risk 6 points and a fine – Driving Solicitors can help you keep hold of your licence.