Holding a Phone While Driving – Successful Defences
In just one week, Robert Carnon, one of our specialist road traffic offence law case progression officers here at Patterson Law has successfully defended 6 x use of a phone while driving allegations, either by being dropped by the police, withdrawn by the Crown Prosecution Service or successfully defended in the court room.
Ms. P.A. – Withdrawn by CPS (Crown Prosecution Service) prior to Court , Hearing date 29.10.2018 – Defence Costs Order (enables client to reclaim their reasonable legal fees).
Representations to Police were refused.
Ms. A. advised that as she was stopped at a red traffic signal.
She had been passing the phone to her son in order that he did not disturb her, whilst she was driving.
The officer then advised Ms. A. that she cannot even have a phone in her hand.
Representations to the Crown Prosecution Service, withdrawn, no evidence.
Mr P. K. – Acquitted at Court – Defence Costs Order
Had a previous mobile phone offence, where he was using a mobile.
This case was regarding his phone falling out of the cradle.
Our client picked it up, realising it had a locked screen and then opened the screen with his thumb print.
Argument was that Sat Nav apps use GPS and not phone or internet signals, so, NOT using the phone for an interactive communication.
Mr D S – Acquitted at Court – Defence Costs Order
Client was accused of using his phone in slow moving traffic.
Argument was that Sat Nav apps use GPS and not phone or internet signals.
Not using the phone for an interactive communication.
Mr R. W. – Acquitted at Court – Defence Costs Order
Client accused of using mobile phone.
He had a vape in his hand.
Officer destroyed in car footage, but relied on BWF (Body Worn Footage).
We requested phone records.
They showed no interaction.
Mr. P. M. – Acquitted at Court – Defence Costs Order
Client was accused of using mobile.
Representations to Police and CPS, both refused.
Acquitted at trial, conflicting evidence from the two officers.
Counsel’s attendance note stated: I disagree entirely with the advice provided that because the legislation does not specifically provide in the regulations for GPS then that cannot constitute use. The interactive communication function being the receiving of the map data (still pictures) for the sat nav to work which relies on the internet (given its a mobile and not a sat nav) and not GPS. The legislation being designed to prevent people from being distracted while driving.
Mr. T. S. – Withdrawn at Police Stage
Client was accused by off duty PCSO (Police Community Support Officer) who was stood at a bus stop.
He allegedly saw client ‘looking down’ and called a colleague.
Client was then suspended from his employment with Asda and threatened with losing his employment.
Representations to senior officer and letter to Asda outlining the law.
Allegation withdrawn for lack of substantiating evidence.
Why Do Patterson Law Win So Many Cases?
As we have previously detailed, the current law with regard to Mobile Phone use while driving is not particularly well constructed.
This is well demonstrated in the judgement we received (NADER ELDARF v THE QUEEN).
The nature of the offence and the requirements that make holding a mobile phone while driving an offence are complex and consequently misunderstood.
We are experienced at presenting the facts, the law and making effective representations to defend your licence from unfair allegations as you can see from just one week of cases.
We can make sense of it all for you and can guide you to the best outcome for your offence circumstances.