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Caught on Mobile Phone Whilst Driving

Have you been stopped by the police, given a fixed penalty notice or received a summons for an allegation of using a mobile phone while driving?

At Just Motor Law we can help to protect your licence.

In 2007 using a mobile phone whilst driving became a criminal offence that carried points or disqualification.  Consequently the Police are ready to pull drivers over any time they believe that they are using one.

So what does the law actually say?

It is illegal to:
  • use your mobile phone while driving
  • cause or permit a driver to use a mobile phone
  • use a mobile phone while supervising a provisional driver
What are the penalties?
  • Drivers of 8 + passenger vehicles - up to £2500 fine
  • All other drivers - up to a £1000 fine and
  • 3 points endorsed on your driving licence or the Magistrates have the discretion to disqualify you from driving for up to 56 days
  • If you are a new driver and already have 3 points on your licence then your licence would be revoked and you would have to retake your test. Retaking your test is a costly exercise. You may also need extra lessons before you felt comfortable putting in for it again
  • If you already have 9 or more points on your licence then you will tot up to 12 points and the Magistrates will consider disqualifying you from driving for a minimum of 6 months unless there are special reasons not to impose the points or unless a disqualification would cause exceptional hardship. If either of these arguments are applicable then we can ask then court not to ban you even if you are convicted of the offence
  • Use of a mobile phone while driving could even open you up to allegations of careless or dangerous driving if it impacts upon your driving ability to a sufficient extent. Which means that using your mobile in circumstances that led to the quality of your driving falling far below that expected by a reasonable and competent driver, could carry a sentence of imprisonment!
If you need your driving licence then there is a great deal at stake if you are convicted of this offence. You need the experts to help you fight the case at every stage! At Just Motor Law we pride ourselves on contesting each case with the greatest tenacity, with the aim of you being found not guilty or coming out with the lightest sentence in all of the circumstances.

What does “using” a mobile phone mean? :
  • Holding it at some point in order to make or receive a phone call or to perform any other interactive function. This would include texting, reading a text, using the internet or downloading photos. It would not include a function such as dictating
  • The law applies to other handheld devices that transmit or receive date such as a SatNav or IPod/IPad
  • If you want to use your mobile while driving ensure you have installed an appropriate hands free kit. You will not fall foul of this law as long as you do not have to pick up the mobile handset to operate it
What if it was an emergency?
  • It is a defence to show that you were calling the emergency services in response to a genuine emergency and that it would be neither safe nor practical to stop the vehicle
What if you were not using a mobile phone?
  • Police officers are only human and they make mistakes like anyone else. If you were not using your mobile phone then it is not fair that you should be penalised. In every case the prosecution must prove that you are guilty beyond reasonable doubt. This means if the court is unsure that you used a phone or are convinced that you didn’t, you will be found not guilty. Please don’t think that just because it is a question of a police officer’s word against yours, you will be automatically convicted! We are highly skilled at cross examining police officers and persuading the Court that they cannot be sure of the accuracy of their observations
  • Our team of experts will help you prepare the strongest case possible and if appropriate, we can obtain your phone records to demonstrate that you were not using your mobile at all. If you have a hands-free kit we can present a compelling argument that there would be no need for you to touch your mobile phone. In some cases we can use your phone records to persuade the Crown Prosecution Service not to proceed to trial and simply drop the case
  • If the Crown Prosecution Service insist on proceeding to trial, Our team are on hand to offer you the support you need. We will carefully cross examine the officers, lead you through your evidence and use our all of our skill and experience with the aim of winning your case
Remember if you have been caught on a mobile phone while driving, there is always something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.

Unsure what to do? What are you waiting for? Get in touch with the team now for FREE initial advice on your case and how we can help you.