Advice on mobile phone offences
Universal Motoring Lawyers with its lead Barrister Warren Bergson has vast experience in handling mobile phone cases. The definition of mobile phone offences is “using a hand-held mobile telephone” or other hand-held device while driving a motor vehicle. It applies to making and receiving phone calls, texting or emailing. You are permitted to use a mobile phone when calling the police, fire, ambulance or other emergency service on 112 or 999. The call must be in response to a genuine emergency AND it must be unsafe or impracticable for you to stop driving in order to make the call. Mobile phone offences can also be committed by a driving instructor who is using a mobile while supervising a learner driver at the same time.
Considering the evidence
Of course, the prosecution must prove that you were actually using the phone. Usually a police officer gives evidence that he observed you on the phone whilst driving. In one memorable victory Warren’s client gave evidence that he was not using the phone but was cleaning his teeth with a dental floss stick! The court found him not guilty.
If you are sure that you were not on the phone, Warren can obtain evidence from the phone company to prove this.
Using a mobile as a Satnav
Using a smartphone purely as a Satnav is not regarded as using a mobile phone but you could be accused of other offences such as careless or dangerous driving, or not being in proper control of the vehicle. Whilst using a mobile phone only attracts 3 penalty points, careless or dangerous driving carry much heavier penalties including additional penalty points, disqualification and even imprisonment in the case of dangerous driving.
Fixed Penalty Notices
If you are stopped by the police and given a Fixed Penalty Notice or if you receive a court summons for a mobile phone offence contact Universal Motoring Lawyers for initial advice. Warren Bergson will always consider all the evidence and advise you whether to fight the case in court or accept a Fixed Penalty Notice (3 points and a £100 fine).
3 points or disqualification plus fine, prosecution costs and Victim Surcharge.