Prosecution For Using A Mobile Phone While Driving
It is an offence (except in emergency) to hold and use while driving a phone, sat nav, tablet, or any device that can send or receive data. Use includes, for example, making or receiving calls, sending or reading texts, taking or accessing photos or videos, web browsing, accessing music, checking the time, checking notifications and even just illuminating the screen. The law still applies if you’re stopped at traffic lights or queuing in traffic, including motorway jams, or supervising a learner driver.
In short, it is an offence to use a device in your hand for any reason, even if it is offline or in flight mode.
For alleged offences committed before 25th March 2022, the rules are different.
Hands free use is not caught by the mobile phones legislation. You can use a device with hands-free access, as long as you don’t hold it at any time during usage. However, use of such a device may arguably in some cases be evidence of not being in proper control of the vehicle and/or careless or even dangerous driving.
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 driving 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. If you are a new driver, (test passed within the last two years), and receive six points, your licence would be revoked and you would have to re-take your test.
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 Mobile Phone Driving Offences
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 digital evidence from their phone provider in support of their case.
Can you be charged for using a mobile phone in stationary traffic?
Yes, you can be charged for using your mobile phone while in stationary traffic in the UK. The law in the UK prohibits the use of a handheld mobile phone while driving, regardless of whether the vehicle is moving or stationary. This includes situations such as being stopped at traffic lights or stuck in traffic congestion.
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 andsix penalty points on your driving licence. (Three penaltypoints for offences committed before 1st March 2017).
You could in certain circ*mstances also be charged with careless or dangerous driving as well, which can carry heavier sentences.
Our team of experienced and knowledgeable solicitors can help you in these cases too.
How can the police prove that I was Driving whilst using a mobile phone
Police can seek to prove that someone was using their mobile phone while driving through various methods. Police officers may visually observe the driver using their phone and provide their evidence in court. Body-worn cameras and dashcams can also capture evidence of the alleged offence. Evidence from other drivers, cyclists or pedestrians who saw the alleged incident may also be used. Phone records and call logs obtained from mobile service providers might show activity during the relevant time. Photos or videos taken by witnesses or police officers can serve as visual evidence. In more serious cases, cell phone forensics could be used to extract data from the driver’s phone. It’s important to be aware that laws and evidence requirements can be complex, so seeking legal advice is advisable if facing such a situation.
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 arguabledefence, we’ll focus our effort on mitigation instead, to ensure you receive thelightest 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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