This offence was created in early 2007. Use of handheld 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.
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.
- 3 penalty points or discretionary disqualification, together with a financial order.
We are able to offer private representation for all types of motoring offences. Contact us now to learn how we can help you