Mobile Phone Offences
Prosecution For Using A Mobile Phone While Driving
It is an offence to use while driving a hand-held mobile phone or any device which performs an interactive communication function. This includes sending or reading emails, text messages, photos and videos, and accessing the internet.
A mobile phone or other device is treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication. Interactive communication function includes sending or receiving texts, emails, photos and videos, and accessing the internet.
There is still considerable confusion and uncertainty in relation to the law governing the use of phones while driving. In particular is it legal to use a hand-held phone as a satnav or to play music while driving? Is it an offence simply to touch it? Find out more here.
You can also face prosecution if you are supervising a learner driver and using a mobile phone.
If you are convicted of a mobile phone offence, you face six penalty points on your licence and a fine. This could result in a disqualification from driving if your points add up under the totting up regulations. (For offences committed before 1st March 2017, it would be three penalty points).
If you’ve been accused of using a mobile phone whilst driving, our expert solicitors can help! Call us on 0161 834 9494 or contact us online.
Defending Against A Mobile Phone Offence
At Richard Silver, we have won acquittals for numerous drivers who have been wrongly accused of using a mobile phone whilst driving. Where necessary, we have obtained evidence from their phone provider to prove that they were neither on the phone nor texting at the time. We can even obtain a court order on your behalf to prove that no incoming phone calls or text messages were received at the time of the alleged offence.
Sentences For Driving Whilst Using A Mobile Phone
If you are convicted of using a mobile phone whilst driving, you will be found guilty of a CU80 offence, which is the ‘breach of requirements as to control of the vehicle, relating to a mobile telephone.’
This results in a fine and six penalty points on your driving licence. (Three penalty points for offences committed before 1st March 2017).
You could also be charged with careless or dangerous driving as well, which carry heavier sentences.
Our team of experienced and knowledgeable solicitors can help you in these cases too.
Unsure Of Your Situation? Contact Richard Silver
We’ll be able to advise you as to the types of motoring charges and sentencing you may be facing, and our team of experts can help you with any appropriate defence.
And if we don’t think you have an arguable defence, we’ll focus our effort on mitigation instead, to ensure you receive the lightest possible sentence.
If you’re at risk of prosecution for using your mobile phone whilst driving, call our solicitors today on
0161 834 9494
and we’ll be more than happy to help.
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