Mobile Phone

Regulation 110 Road Vehicles (Construction & Use) Regulations 1986 and Section 41D Road Traffic Act 1988

A person is not permitted to use a hand held mobile phone while driving and the law has created a specific offence to cover this situation. However, where it is alleged that use of a mobile phone resulted in a loss of proper control or danger then charges under Careless Driving or Dangerous Driving may be brought with significantly increased penalties that could result in disqualification. Even the use of hands-free devices can result in prosecution if the use of such a device causes a driver to drive poorly. Charges can also be brought against an employer if it is established that they are allowing or requiring their employees to answer a phone while driving. It is also an offence for a supervisor of a learner driver to use a hand held mobile phone while the learner is driving.

Penalties

6 penalty points and a fine; or
A fine and discretionary qualification

What’s Required for a Prosecution

In order to secure a conviction there are three essential elements that must be proved by the prosecution:

The mobile phone must be held by the driver in his hand. A mobile phone is treated as being handheld if it is physically held at any point during its use.

The driver must be using the mobile phone. Use is defined as “interactive communication” and includes making or receiving a phone call or performing any other communication function such as texting or emailing. Simply holding a phone does not constitute use.

The driver must be driving the vehicle. Even if a driver is stationary in traffic he is still regarded as driving as he remains in control of the movement and direction of the vehicle.

A very wide interpretation has been employed by the prosecution and followed by the courts in deciding what amounts to using a mobile phone while driving. This has resulted in some very dubious convictions. In almost all cases, the prosecution will rely on the evidence of two police officers. As it is the driver’s word against theirs these types of cases can be difficult to defend and this is why specialist legal advice is required.

Defences to the Charge

It is a defence to a charge of using a mobile phone while driving that the call is to an emergency service, as long as the caller is acting in response to a genuine emergency and that it was unsafe or impractical to cease the driving in order to make the call.
Most defences, however, are based on a denial that a mobile phone was being used while driving. In support of such a position phone records can be obtained to show that there were no incoming or outgoing calls or texts. Locus inspections and photographs of the vehicle may also cast doubt on what the police say they saw, or what they think they saw, or, indeed what, they could have seen. Robust and forceful cross-examination may reveal inconsistencies and further undermine the prosecution case.

How we can help

If you have been charged with using a mobile phone whilst driving we can help. Our experience and expertise in this area will quickly determine the merits of your case and any other options that might be available to you. As specialist road traffic lawyers we are best placed to provide the right advice, which will ultimately save you time and expense. We can prepare your case, arrange for supporting documentation and make forceful representations at court. We pride ourselves in offering a service that is friendly, honest and reliable. For free advice that is without pressure or obligation simply contact us:

E-Mail Us Today or Tel: 0141 255 1519

"I firmly believe every motorist is entitled to expert road traffic advice"

We offer FREE confidential advice to all potential clients.
We provide an HONEST assessment of your situation.
We offer affordable FIXED fee pricing
We exclusively SPECIALISE in this area of the law

More About Us Call Us

My brother recently used the services of Dominic Sellar & Co for a traffic offence, and we’re very glad he did! The charges against him were dropped, in no small measure down to the expertise of Dominic. Wouldn’t hesitate to … Continued

I would like to thank Dominic and his team for a great outcome in court. I would highly recommend him to anyone facing traffic charges. His fee was also very reasonable.

From the start to the end Mr Sellar came Cross as a highly intelligent man and it wasn’t until in the courtroom the real level of his intelligence and knowledge for traffic law shone through. The end result is, I … Continued

facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued

I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a traffic lawyer.

Recently hired Dominic for a speeding charge I recieved. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.

Many thanks for all your efforts in getting the speeding charge against me dropped. I would have no hesitation in recommending the services of you and your firm. From the outset you were very clear about the process and procedures … Continued

Thank You so much for representing me in my court cases. I am more than happy to provide a recommendation…

I would like to express my sincere thanks to you for the care and attention you showed to my mum when you recently represented her in court. This was an extremely anxious time for my mum and your professional yet … Continued

I would like to express my gratitude to Mr Sellar for the way in which he represented me when faced with a dangerous driving charge or alternatively speeding charge. He came across as knowledgeable and professional with his advice that … Continued

Thank you for getting the very best result for me today. I truly appreciate the expertise and knowledge that you have and how this has enabled me to retain my very precious driving license. I will have no hesitation in … Continued

Thank you so much for all your help and representation with my case at Lanark Sheriff Court. My license is essential, your expect advice and representation at trial saved my licence and my job. Thanks again, I would highly recommend … Continued