Mobile Phone Driving Offence

If you have been caught driving with a mobile phone then new laws, brought into effect, in 2007, now mean that 'use' of a mobile phone while driving attract 3 penalty points; we have significant experience od cases of this type having challenged the allegation that a phone was being 'used'; we can advise you about the statutory defence available in cases where the driver was making an emergency call and he criteria which must apply.

 
The offence can be committed in three ways; use by the driver whilst driving; causing or permitting the use by the driver and supervising a provisional licence holder whilst using. Interestingly, what the third offence means is that it is an offence, punishable by a fine and the imposition of three penalty points, which the passenger in a vehicle commits whilst using a phone. Reported cases on the 'new' law are few and far between but it appears likely that courts will interpret the word 'use' (of the phone) by giving it its ordinary meaning, namely, 'to employ for some purpose; put into service'.

The 'upgrading' of this offence is significant; because it now carries penalty points the implications of a conviction are that it could result in your disqualification. Whether by virtue of the 'totting up' provisions, or, in the case of a 'repeat' offender, on the basis of discretionary disqualification for the offence itself.

We have considerable experience of this area of the law and the interpretation of the new regulations.

For an initial consultation without obligation, please contact Peter Grogan or Isaac Mirza on 0845 2419107 or via our online enquiry form below.

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