How we can help

Penalties:

• 6 penalty points or discretionary disqualification
• Financial penalty

How we can help you…

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.
Occasionally, we instruct an expert in mobile phone analysis to investigate whether the mobile phone was being used at the time the police described.

Recent changes in Motoring Law

Our team have recently been asked for advice by drivers regarding mobile phone use, following the High Court’s determination in DPP v Barreto [2019], relating to the legal definition of “interactive telecommunication” when behind the steering wheel. Back in 2003 mobiles were more basic and not used for as many other functions as they are now. Ostensibly, filming a crash on a mobile while driving past an accident does not constitute this specific offence.

In Your Defence Ltd advise motorists that some situations might result in Careless Driving or Not Being In Control of a Motor Vehicle charges instead. And in more serious situations, Dangerous Driving.

Notable Case

• We represented a defendant who had been caught driving whilst using his mobile phone. There were three passengers in his car, including two children in the back seat. He stated he had used it due to a medical emergency. The case was aggravated as he had several previous driving bans and had 6 penalty points on his driving licence. This offence meant he would exceed the 12 points limit. Our Solicitor Director, Lauren Deacon, presented mitigation to the court which resulted in his disqualification period being reduced from 6 months to 3 months.