Have you been accused of using your mobile phone whilst driving?
How is this offence committed?
When is the offence NOT committed?
This offence is dealt with by way of the endorsement of 6 penalty points and a fine. If a fixed penalty is accepted then it is dealt with by way of endorsement with 6 points and a £200 fine. (With any offence which carries the power to endorse one’s licence with penalty points the court also has, in an appropriate case, the power to disqualify instead.) If the endorsement of penalty points means that you will have a total of 12 or more relevant points on your Driving Licence this means that you can expect to be disqualified for at least 6 months (unless you can establish that you would suffer from ‘exceptional hardship’ – see penalty points disqualifications for more information on this). If you are a ‘New Driver‘, of course, the endorsement of only 6 penalty points on your licence would result in its automatic revocation. (It might be possible to avoid revocation of licence by persuading the court to impose a short, discretionary disqualification instead of endorsing penalty points).
There are cases in which the police have mistaken the identity of the user of the phone such as when a passenger not the driver was using a phone (see a case study of one such case here). We have also successfully defended motorists when holding a speaker or other object to the ear which the police thought was a phone. We successfully defended one motorist in which he was smoking a pipe (although the officer thought he was holding a phone to his ear!)
If you would like help to prepare and present your case or if you are unsure whether or not you have a defence then do not hesitate to get in touch.