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Using a Mobile Phone

We are Specialist Using a Mobile Phone (whilst driving) Solicitors

At Caddick Davies Solicitors we specialise in the representation of motorists who are charged with using a handheld mobile phone whilst driving and have successfully defended many motorists.

It is an offence to use a hand-held mobile phone whilst driving. This offence also extends to the use of other communication devices including personal computers, satellite navigation and two-way radios.

The term “use” is broadly interpreted by the courts, however it should generally be confined to the use of some interactive function of the phone such as making telephone calls, texting, emailing, browsing the web or receiving data.

The maximum penalty for using a handheld mobile phone whilst driving is a fine of £1000.00 and the endorsement of 3 penalty points.

If you have a Fixed Penalty Notice or Court Summons for Using a Handheld Mobile Phone, please contact us for advice and a no obligation consultation on how we can help.

Below you will find helpful information on Using a Handheld Mobile Phone (whilst driving) Law, How We Can Help and Commonly Asked Questions.

Using a Handheld Mobile Phone (whilst driving) Law

Penalty for Using a Handheld Mobile Phone (whilst driving) 

The maximum penalty for Using a Handheld Mobile Phone (whilst driving) is a fine of £1000.00 and the endorsement of 3 penalty points.

In many cases a motorist who is alleged to have committed this offence will be offered a Fixed Penalty Notice imposing a £100.00 penalty and 3 penalty points. This is in the alternative to formal prosecution before a Magistrates’ Court.

If you have a Fixed Penalty Notice or Court Summons for Using a Handheld Mobile Phone, please contact us for advice and a no obligation consultation on how we can help.

Defences to Using a Handheld Mobile Phone (whilst driving) 

There are a number of defences to the offence of Using a Handheld Mobile Phone (whilst driving). In addition to technical procedural arguments, these can include:

•I was calling the emergency services (999) in a genuine emergency and it was not safe or practicable to stop;

•I was not “using” a function of the phone; and

•I was not driving.

If you find yourself with a Fixed Penalty Notice or Summons to the Magistrates’ Court for an offence of Using a Handheld Mobile Phone (whilst driving), please contact us for advice and a no obligation consultation on how we can help you.

Specialist Using a Handheld Mobile Phone (whilst driving) Solicitor Representation

How we can help 

At Caddick Davies Solicitors we specialise in the representation of motorists who are charged with offences of Using a Handheld Mobile Phone (whilst driving).

We have successfully defended many motorists charged with this offence and are able to use our expertise and experience to secure the best possible results on behalf of our clients.

If you have a Fixed Penalty Notice or Court Summons for Using a Handheld Mobile Phone, please contact us for advice and a no obligation consultation on how we can help.

Commonly Asked Questions About Using a Handheld Mobile Phone (whilst driving)

What is "Using" a handheld mobile phone whilst driving? 

The law on what amounts to “using” a handheld phone is very broad and whether you are considered to be using a mobile phone will be a matter of fact for each and every case.

In general terms, you will be considered to be “using” a handheld mobile phone if you are doing any of the following:

• Talking on your phone;

• Sending a text message or reading a received message;

• Browsing on the internet;

• Using social media e.g. Facebook or Twitter;

• Sending or reading a received email; or

• Using an interactive map.

If you have received a Fixed Penalty Notice or Summons for an offence of Using a Handheld Mobile Phone (whilst driving), please contact us for advice and a no obligation consultation on how we can help.

I have received a Fixed Penalty Notice for Using a Handheld Mobile Phone - What should I do? 

If you are offence a Fixed Penalty Notice for Using a Handheld Mobile Phone (whilst driving) and you accept that you have done so, then you should accept the Fixed Penalty Notice.

This will require you to pay a £100.00 penalty and will result in 3 penalty points being endorsed on your driving licence.

You should only accept a Fixed Penalty Notice if you accept that you have committed the offence.

If you have not committed the offence, then you may reject the Fixed Penalty Notice and request a hearing before the Magistrates’ Court where you will be able to have a trial and put your version of events.

If you have been offered a Fixed Penalty Notice for Using a Handheld Mobile Phone (whilst driving) and you wish to challenge it, please contact us for advice and a no obligation consultation to see how we can help.

Case Study

Mr Ahmad (name changed for confidentiality) came to us having been convicted of an offence of using a mobile phone whilst driving before Bromley Magistrates Court (Greater London) and having accumulated 6 points as a new driver, having had his license revoked under the new driver provisions.

Mr Ahmad denied that he was using his phone and explained that during a very hot summers day on Edgeware Road, London, he had been sweating and had wiped sweat from his brow and had then rested his hand on the side of his head. Mr Ahmad was sure that the officer had mistaken this movement for someone holding a phone to their ear and therefore he had been wrongly prosecuted.

Hearing this, we immediately lodged an appeal against Mr Ahmad’s conviction and sentence with the court and had the revocation of his license suspended pending the outcome of the appeal.

His appeal was heard before Croydon Crown Court and Mr Ahmad was represented by one of our barristers. During the course of this appeal, the police officer in the case crumbled under cross examination and made the admission that he “could not be sure”. This immediately created a doubt in the mind of both the Judge and the magistrates sitting in the appeal and Mr Ahmad was acquitted.

As a result Mr Ahmad was able to continue driving and we recovered his costs by way of a Defendant Costs Order.

 

Mr Ahmad, Restaurant Owner, London