Using a hand - held mobile phone whilst driving a car is one of the most common Motoring offences. Case law has established that ‘driving’ for the purposes of this offence includes where the car is stationery and the engine is running, including traffic queues and traffic lights.
A conviction of using a mobile phone while driving carries a standard fine of £200 and 6 penalty points, with a maximum of up to £1000 and 6 points on your Driving License. (£2500 if driving a bus, coach or HGV).
For a conviction of this offence the prosecution must prove beyond reasonable doubt that the driver was holding the phone in their and using this for any telecommunications purpose.
A fixed penalty notice can be rejected, and a court hearing can be requested where the driver can exhibit their call records to show no calls or texts were made or received around the time of the alleged offence.
In some cases, a driver may be stopped on suspicion of driving while using a mobile phone but because there is no concrete evidence or because the driver is happy to show the officer his phone records, the officer may change the charge to ‘not being in proper control of a vehicle’. This offence is usually dealt with by a fixed penalty notice of 3 points and a £100 penalty.
We have successfully defended hand-held phone use and texting related driving offence allegations.