Texting whilst driving is becoming increasingly prevalent as drivers see it as less hazardous than talking on the phone at the wheel. In fact, the opposite is true as both eyes and attention are diverted from the road, a clear contravention of the law under the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003. This applies to mobile phone use and using a hand-held interactive device while driving a motor vehicle. 3 penalty points, possible ban and financial orders may apply. Politicians are thinking of raising the number of enforceable penalty points to 6.
Careless driving and dangerous driving charges can also have the text factor.
Take note of the recent Peterborough Crown Court (where we have recently successfully defended) case of the ‘Texter Mum.’ Marina Usaceva’s Jaguar hit and fatally injured a science graduate driving a Peugeot206 on the A47 near Wisbech, Cambridgeshire in March 2013.
The defendant had previous for mobile phone use. She admitted causing death by dangerous driving, was disqualified for 8 years and imprisoned for 6 years. She had been texting and communicating on two phones before the accident and the judge emphasised this in his sentencing remarks. In addition, she had been speeding at the time of the accident; 70 in a 60mph zone.
M23law is our special motoring law team for advising and representing on all Road Traffic offences, throughout England & Wales. These offences include: