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Using a Mobile Phone Whilst Driving
It is an offence to drive a motor vehicle on a road whilst using a hand held mobile telephone.
The recommended maximum sentence, on conviction, and the section this offence, using a mobile phone whilst driving, is charged under, is as follows: -
Road Vehicles Construction and Use Regulations 1986
Court Summons: disqualification (at discretion), a fine of up to £1000 and 3 penalty points
The legislation states that no person shall drive a motor vehicle on a road if he is using, a hand-held mobile telephone or a hand-held device of a kind (any device which performs an interactive communication function by transmitting and receiving data other than a two-way radio).
If you challenge the charge we would invite you to contact one of our motoring solicitors. At Trial we will cross examine the police officers on your behalf leaving you to simply relate to the court your account. We can also consider obtaining a call log to establish that you did not make or receive a call at the relevant time.
It is punishable by 3 penalty points and a financial penalty however if you have received a summons for this offence the court have the power to impose a discretionary ban and increase the fine.
If a guilty plea is advisable or unavoidable we will present mitigation to the court with a view to ensuring that the affect upon your licence is kept to a minimum. We will never countenance a guilty plea until we are satisfied that there are no deficiencies in the Prosecutions case that can be used to your advantage.
Getting Advice and Representation
If you have received a fixed penalty for using a mobile phone whilst driving or have received a court summons then you can speak to our solicitors today on 0333 011 0515. All enquires are free with no obligation and our lines are open 24 hours, 7 days a week.
Our services for this offence are available throughout the North West including Liverpool and Wirral.
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