Mobile Phone Offences
We represent many people who face an allegation of using a hand-held mobile telephone whilst driving. With more serious penalties on the horizon, the Government intends to treat this offence more seriously and will put many drivers at risk of a totting-up disqualification for a minimum period of 6 months. We find that some people are embarrassed to have been caught using their mobile phone whilst driving and please rest assured we will represent you in a professional and non-judgemental way.
Please contact us now if you face an allegation of using your mobile phone whilst driving.
The Law
Section 110 of the Road Vehicles (Construction) Regulations 1986.
Mobile Phones 110
1) No person shall drive a motor vehicle on a road if he is using:-
a) A hand-held mobile telephone; or
b) A hand-held device of a kind specified in paragraph (4)
2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using:-
a) A hand-held mobile telephone; or
b) A hand-held device of a kind specified in paragraph (4)
3) No person shall supervise a holder of a provisional licence if the person supervising is using:-
a) A hand-held mobile telephone; or
b) A hand-held device of a kind specified in paragraph (4) at a time when the provisional licence holder is driving a motor vehicle on a road
4) Device referred to in paragraphs 1(b), 2(b) and 3(b) is a device, other than a two way radio, which performs an interactive communication function by transmitting and receiving data.
What am I looking at?
The offence carries mandatory endorsement of 6 penalty points on your driving licence and a fine of up to £1,000.00 which can increase to £2,500.00 if you are driving a bus, coach or heavy goods vehicle.
Is Legal Aid available?
Very rarely. It would be unusual for an allegation of driving without insurance to satisfy the “interest of justice” test but if it did in your case and you are financially eligible, Legal Aid could be available. If it is, we can provide representation at no cost to yourself at Court.
Contact us now and we can provide you with expert advice regarding Legal Aid eligibility or a fixed fee to provide representation.
