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You may be charged with a Mobile Phone Offence if it is deemed you have failed to be in proper control of your vehicle or have a full view of the road and traffic ahead of you while driving due to the use of a mobile phone. In serious cases, the police may consider that the appropriate charge is careless or Dangerous Driving.
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It is a common misconception that you cannot successfully challenge a Driving on Mobile Phone allegation – this is not always the case.
There is an art to it. It requires a specialist Road Traffic Lawyer with the highest quality of court skills and integral knowledge of the law. Our specialist Road Traffic Defence Team has what it takes. We are highly experienced in defending mobile phone cases and have the track record to prove it.
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Frequently Asked Questions
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We spend every day in court proving that misconception to be entirely false. Police witnesses are trained in giving evidence, and regularly appear at court giving evidence. As such, you can expect that the standard of evidence given by police officers will be much higher than most civilian witnesses. Notably however, police receive no special status in court, and like civilian witnesses, they too can get it wrong. This is where the benefits of choosing a Specialist Road Traffic Lawyer come into play. Our solicitors are adept at cross-examining experienced Police witnesses and derailing the Crown case against you.
This offence is covered by section 41D of the Road Traffic Act 1988 and regulation 110(1) of the Road Vehicles (Construction & Use) Regulations 1986. The provisions themselves are lengthy but generally to be guilty of such offences you must be:
- USING a hand-held mobile phone or hand-held device which is capable of transmitting or receiving data whilst driving;
OR
- Driving a motor vehicle in a position that does not give proper control or a full view of the road and traffic ahead.
- Six penalty points.
- £200 fine (up to £450 if driving a truck/lorry or up to £1,000 if court imposed).
- Discretionary disqualification.
What appears to be a simple and straightforward offence can be extremely complicated when applying the law. It is of the upmost importance if you are prosecuted for driving while using a mobile phone that you contact our specialist Road Traffic Lawyers who know the law.
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