Mobile Phone Offence

Most drivers own a mobile phone. Unfortunately whilst everyone is probably aware that they must have a hands-free device, in order to legally use their mobile phone whilst driving, many do not. Furthermore, a mobile phone must be operated without the motorist needing to touch it.

Since February 2007, using a hand held mobile telephone whilst driving attracts penalty points. The same applies to use of any communication device – such as in-car Satellite Navigation systems, computers or Blackberry devices.

The offence will be committed even if you are sitting stationary in traffic, unless the engine is switched off. A passenger may also be prosecuted for this offence if they were using their phone whilst supervising a learner driver. Employers may find themselves prosecuted for permitting this offence where they require employees to use or answer phones whilst driving.

The offence will be committed even if the standard of your driving remains unaffected. However, be aware that under recent changes implemented recently it is possible to prosecute a motorist for dangerous or careless driving where poor driving results or where proper control of the vehicle is not maintained.

Often the case against you will be based on a police officer’s account on what he saw, or thought he saw. It is possible to challenge this at trial by testing their evidence. Expert cross examination is essential here.

Penalty

Driving whilst using a mobile phone is punishable with 3 penalty points. A financial penalty will also be imposed.