Using a Mobile Phone

using a mobile phone whilst driving? attracts 3 penalty pointsEver used your mobile phone whilst driving? Most people, if answering honestly, would say yes, but does that mean that you have committed an offence? In fact it’s said that over 200,000 people used their mobile phone whilst driving last year.

The issue in most cases is whether you were ‘using’ your mobile phone or not. But what does ‘using’ mean? In order to convict you of the offence of using a mobile phone, the Court must be persuaded that the Defendant was using the mobile phone in a method of communication, that is to say, sending or receiving a text message or making or receiving a call. Holding the mobile phone in your hand does not consistute using.

The Court won’t believe me, will they?

Often in cases, it comes down to the evidence of the Police Officer, about what he says he saw you doing. Simply saying “I wasn’t using my mobile phone” may not be enough. It will need to be demonstrated to the Court that the Police Officer is mistaken about what he saw and that you were not using your mobile phone.

But what can I do?

Your first port of call is to contact Trident Solicitors. We will ensure that your case is fully assessed, that evidence is gathered to support your case that you were not using your mobile phone at the alleged time, make representations to the Prosecution as to whether your case should continue and if it does, present your case and the evidence to the Court, persuading them that you were not using your mobile phone.

What are the penalties driving whilst using a mobile phone?

If convicted of using a mobile phone whilst driving, the maximum penalty the Court can impose is 3 points on your licence and a fine of up to £1,000. If these 3 points take your total to 12 points in the last 3 years, you will be liable for a “totting up disqualification”. See our section “Totting up Disqualification” for more information.

So if you have been summonsed for this offence or are worried about your case, please call us on 01482 227669 and speak to Carl today.