Using mobile phone whilst driving:
This offence was created in early 2007. Use of mobile phones and other similar devices is now a specific offence. A fairly broad approach has been demonstrated by the courts in relation to the words “use” and “driving”. Various kinds of mobile phone use are covered, such as texting, emailing, making / receiving a call and internet use. This list is not exhaustive!The Road Safety Act 2006 specifies that it is an offence to drive / supervise the driving of a motor vehicle whilst using a hand-held mobile or other hand-held interactive communication device. It is also an offence to cause or permit the driving of a motor vehicle by another person using such a telephone or other device.
Use of a device when the vehicle is stationary in traffic, when the vehicle is clearly not going to be moving for some time (i.e engine turned off).
Occasionally, we will instruct an expert in mobile phone analysis to interrogate the mobile phone, as a way in which to try to demonstrate that the phone was not being used at the material time.
Penalty:
- This offence was created in early 2007. Use of mobile phones and other similar devices is now a specific offence. A fairly broad approach has been demonstrated by the courts in relation to the words “use” and “driving”. Various kinds of mobile phone use are covered, such as texting, emailing, making / receiving a call and internet use. This list is not exhaustive!
Contact us as soon as
possible on guidance on information to provide. If you have received
a summons to attend court for an offence under this section, contact
us. We can normally deal with this kind of case administratively, by
correspondence to the police / prosecution. Alternatively, we can
represent you at court.
We are able to offer private
representation for all types of motoring offences. Legal aid might
be available in a limited number of cases.
Please call 0844 2640 999
for help and further information.
