For many drivers it is difficult to resist the urge to check their mobile or answer that call whilst driving. The penalty for using a mobile whilst driving on a public road is now 6 points and a fine up to £1,000. Furthermore if the matter is referred to the Magistrates’ Court then the Magistrates have the option of imposing a disqualification if they feel the offence warrants it. 

 

The case law relating to mobile phone offences continues to evolve however essentially the CPS must prove three elements

 

1. That you were driving the vehicle

2. That you were driving on a public place

3. That you were using the device

 

In every case it is important to seek legal advice at the earliest opportunity.  If challenging the Prosecution, it often involves us taking several steps to strengthen your case, including obtaining phone records which need to be retrieved from your network provider.  Furthermore, often the process and time scales to obtain these records differs from mobile provider.

 

If you face a prosecution for using a mobile phone whilst driving call us now for a free discussion on your options.