Mobile Phone Offences
Being caught using a mobile phone whilst driving will result in an automatic penalty of three points on your licence and a fine (usually £100). In itself, most drivers are willing to take this penalty on the chin and learn their lesson; however the offence could lead to disastrous consequences if the extra points result in you “totting up” 12 points on your licence.
The police are increasingly taking this offence more and more seriously, and have a keen eye on drivers whilst patrolling on the road.
Whilst we commonly think of a driver sat in queuing traffic having a conversation on their mobile, you could be prosecuted even if you were opening a text message, “snap chatting”, “face timing”, loading your facebook page or simply touching the screen of your satnav.
The law on mobile phone offences
Unlike many offences, it does not matter whether using the mobile telephone affected your manner of driving; it is simply enough that you were using the device for the purpose of interactive communication. If the police have evidence of this, such as a statement from a police officer, then you’re looking at 3 points and a fine.
If however the officer forms the view that your standard of driving was affected, then you may be prosecuted for a more serious offence such as careless driving or dangerous driving where the penalties are much more severe.
We can help you
If you are certain that you were not using your device in any way whatsoever whilst driving then you are innocent and should defend the allegation.
It may be that you are being wrongly prosecuted for using a mobile telephone whilst driving and a trial is the only way to prove your innocence.
Knowing that you are innocent and proving it are sadly sometimes two very difficult things. We know how frustrating this can be. That’s why at Ashworth Motoring Law, our expert motoring lawyers are on hand to investigate the details of the offence against you, look for holes in the Prosecution’s evidence and build a strong case to prove your innocence.
As part of your defence we may seek evidence from your service provider to show that you were not making or receiving a call at the time alleged by the police officer, and our trial tactics may also lead to the Prosecution witness(es) being cross-examined at trial.
We are extremely passionate in our belief that no person should be convicted of an offence which they did not commit.
If you believe that you are being wrongly prosecuted for using a mobile telephone whilst driving then we urge you to contact one of our expert motoring lawyers today on 0330 33 22 770 to find out how we can help you.
Pleading guilty? Damage limitation
At Ashworth Motoring Law we always give you the quickest and simplest solution to your problem. If you have a clean licence and accepting 3 points for using a mobile phone whilst driving would not result in new driver licence revocation or totting up then you probably don’t need our help and could deal with your fixed penalty offer perfectly well by yourself.
If however you accept that you are guilty of using a mobile phone whilst driving, but would ‘tot up’ 12 points as a result, please don’t worry! There is still plenty that can be done to save your licence.
Please see our dedicated section on totting up or contact our expert motoring lawyers today on 0330 33 22 770 to find out how we could save your licence.
Caution for new drivers!
If you passed your test within the last two years then please take a look at our dedicated section for new drivers or call one of our expert motoring lawyers today on 0330 33 22 770 to discuss the potential impact that a conviction for this offence could have on your right to drive.
*** Watch this space!
In 2016, a consultation will take place on the Government’s proposals to increase the number of penalty points attracted by a mobile phone offence. Please check our news section for continuing developments on this offence.