Using a Mobile Phone Whilst Driving

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It's an offence to use a mobile whilst driving a motor vehicle/drive with a mobile phone in use. The offence carries a fine of up to £1000 and 3 points on your licence. If you reject the fixed penalty and ask for a court hearing you will be at risk of higher fines and court costs but the points will remain the same.

What do the prosecution have to prove?

The prosecution have to prove beyond reasonable doubt that you were actually driving with a mobile phone in use and not just holding it. "Use" includes using the phone for any telecommunication purpose, not just making or receiving a call.

If you get caught driving with a mobile phone in use and if you are seen to be holding the mobile phone at the time you will be at risk of 3 points and a fixed penalty or a summons to court.

Casting a doubt.

In order to be found not guilty you need to cast a doubt. You can do this by giving evidence that you were not using tha mobile phone  whilst drivingand that the officer was mistaken (you should rarely accuse an officer of lying unless you can prove this beyond any doubt!). It also help if you are able to exhibit your phone records to show that no calls/texts etc, were made or received at the relevant time.

Officer refused to look at my phone at the time !

Sometimes officers will refuse to look at your phone in order to check the call records at the time. This can be used to your advantage at trial, because an officer is under a duty to carry out a proper investigation and look for both evidence that points towards an offence (of mobile phone use whilst driving) having been committed and also evidence that points away from an offence being committed. When the officer is cross examined at trial it should be put to him that he was offered the opportunity to check the phone records but failed to do so.

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