If you have been accused of mobile phone driving offences that you will be a risk of 6 penalty points and a fine or a custodial sentence where the use of a handheld device has resulted dangerous driving.
However, there are ways round for you to use your mobile phone by using a hands-free device such as a dashboard holder, a bluetooth headset or if you use voice command. Your hands-free device must set up ready for you to take calls before you drive and where you do not handle the device itself when driving. Although, the police can still stop you if they believe you were not in control of your vehicle due to being distracted and you may still be prosecuted for the offence.
It is common knowledge, as per Section 41D of the Road Traffic Act 1988, that using your mobile phone or other similar device whilst driving a vehicle or riding a motorcycle is an offence. The position is not black and white when it comes to the law surrounding the use of a mobile phone and not everyone is aware that it is also illegal to use your mobile phone when;
– Stopped in traffic – if you use your mobile phone when stationary in traffic or stopped at the traffic lights with your engine running you can be charged. However, there is an exception if your engine is switched off.
– Supervising a learner driver – you may be a passenger, but if you are instructing a provisional or learner driver and using your mobile phone at the same time, you could face a charge.
– Employers – if you are an employer you too can be prosecuted if you encourage your employees to use their mobile phone when driving.
Not only does the offence relate to talking on your mobile phone but also includes sending a text message and accessing the internet.
You can however use your mobile phone if you have a hands-free device such as a dashboard holder, bluetooth headset or use voice command. Although the police can still stop you if they believe you were not in control of your vehicle due to being distracted and you may still be prosecuted for the offence. The only exemption to using a hand-help phone whilst driving is if it is to call the emergency services using 999 or 112 and it is unsafe to stop.
Our solicitors for mobile phone driving offences in Manchester, Oldham, York and Harrogate are available to advise you 24 hours 7 days a week with legal representation anywhere in England & Wales.
An allegation of using a mobile phone while driving does not need to lead to a conviction with a careful defence or mitigation. Our Solicitors for Mobile Phone Driving Offences offer a free no obligation consultation to discuss your offence for using your mobile phone and advise you in how we can help you build a defence with your best interests as a priority.