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Driving Whilst Using A Mobile Phone

Mobile Phone Offence Solicitors

Our motoring offence experts are on hand to help you with any mobile phone related offences. We are experienced professionals, with extensive knowledge around mobile phone use while driving.

We want to fight your corner to avoid points on your licence which could impact future insurance policies and lead to driving disqualification. Whilst this makes circumstances stressful, our team will provide excellent client care and clear legal guidance to ensure that the best defence can be prepared.

Our mobile phone offence solicitors are here 24 hours a day, 7 days a week, so you can be assured that we will always be here to offer you advice. If you find yourself being accused of using a mobile phone whilst driving, do not hesitate to get in contact today using the phone number at the top of this page to offer you the best chance of an optimal outcome.

Using A Mobile Phone Whilst Driving

It doesn’t matter if you are caught speaking or texting on the phone, the prosecution will allege that you were not in full control of your car while driving. You could also be charged even if you are in stationary traffic if the engine is still on.

Charges could be brought against you if you are:

  • Sending or receiving text messages
  • Accessing the internet
  • Supervising a provisional learner driver
  • An employer allowing employees to answer phone calls whilst driving

The only exception to driving with a mobile phone is if there is an emergency and you are calling the emergency services but it has to be unsafe to stop on the roadside, for example if you are on the motorway.

You may also be charged with dangerous driving (DD40) or careless driving if you were involved in a road traffic accident, you are open to prosecution if you are not in full control of your vehicle.

Our motoring lawyers are dedicated to helping build the best defence if you have been accused of driving whilst using a mobile phone, But it’s essential to seek legal advice if you believe you have been falsely accused of holding or using a mobile phone while driving, so we can put a strong defence together.

Why Is Using A Mobile Phone Whilst Driving Illegal?

It has been proven that using a mobile phone whilst driving can significantly increase your chances of getting involved in an accident. New data suggests that 13% of distracted driver accidents result in fatalities, and mobile phone use is a factor in 9% of distracted driving injury crashes.

Studies have shown that using a mobile phone whilst driving leads to significant impairment, with the Royal Society for the Prevention of Accidents finding that it can affect:

  • Maintaining lane positioning
  • Maintaining an appropriate speed
  • Maintaining your distance from the vehicle in front of you
  • Your reaction time
  • Your judgement and awareness of traffic around you

Penalties Associated With Driving Whilst Using A Mobile Phone

There was a recent change to the law around mobile phone use whilst driving. As of the 1st March 2017, you could receive 6 penalty points and a £200 fine if you are found guilty of using a mobile phone whilst driving. This means that if you are a new driver, having had your licence for less than two years, your licence will be revoked. You will then have to reapply for your provisional licence, and pass both the theory and practical tests before you will regain your full licence.

If you are caught a second time, you could face having to appear in a Magistrates Court, a £1000 fine along with a six month driving ban. This is specifically designed to deter people from using their mobile phone whilst driving.

Therefore, this charge could have widespread implications on your life and it is imperative to gain legal advice from a trusted motoring solicitors firm who can help build a strong defence case for you. Our approachable team will explain the process and guide you throughout.

If the use of a mobile phone was found to have contributed significantly to the cause of another offence, this could increase the penalty further for you.

Mobile Phone Use If You Are An HGV Driver

If you are a HGV driver, being caught using a mobile phone whilst driving can result in serious penalties. You may face a fine of up to £2500 along with a driving ban. LGV and PCV drivers who are convicted may face a professional conduct hearing with a Traffic Commissioner.

The impacts of this charge on your career can therefore be huge, but we can provide high quality representation for you in court. If a defence is not available, we can help you put forward mitigating circumstances to reduce the penalties brought against you.

Is It Okay To Use A Hands free Device?

You can use a device whilst driving, as long as it is not held in your hand. There are many examples of this, some of which include:

  • A bluetooth handset
  • Voice command
  • A holder on your dashboard
  • A builtin sat nav

These devices must not block your view of the road. It is also important to note, however, that if the police stop you for careless driving, and they can prove that you were using your hands free device at the time, you could still be prosecuted for not having full control of your vehicle.

What Defences Are Available To You If Caught Using A Mobile Phone Whilst Driving?

At BKP Solicitors, we will offer you thorough guidance specific to your circumstances. We will establish whether there is a defence available to you which you can present to the court. Our specialist team will work quickly to contact witnesses who are willing to back up your story. We can even use your mobile phone records to present evidence that you were in fact not on your device when the police claim that you were.

BKP Solicitors