Mobile Phone Offences
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Rothera Sharp specialise in mobile phone driving offences so if you have been charged with using your mobile phone whilst behind the wheel, please contact us.
Recent changes in motoring law mean that using a mobile phone or device whilst driving can lead to the imposition of six penalty points on your licence. The fixed penalty will be £200 although the Court can impose much higher fines & six Penalty Points. The driver awareness course is no longer available for these types of cases and the impact on a driver’s insurance policy can be significant. In addition, if there are two or more mobile phone offences committed within three years, or if the total penalty points on the licence exceed 12, the Court will impose a six month totting up disqualification.
The three main offences in relation to the use of a mobile telephone involve use by the driver, causing or permitting the use by the driver and supervising a provisional licence holder whilst using. The former is the most commonly seen prosecuted and carries an obligatory endorsement of 6 penalty points with alternatively a discretion to disqualify.
The first offence is committed by a person who drives a motor vehicle on a road whilst using a handheld mobile telephone or handheld device of a kind specified in the regulation. A mobile telephone or other device is deemed to be “handheld” if actually held or it must be held at some point during the course of making or receiving a call, or “performing any other interactive communication function”. The regulation does not define “interactive communication function” conclusively but it does include sending or receiving text messages, faxes or pictures, or providing access to the internet or social media.
In the case of each of the three types of offence there is an exemption if the person using the mobile telephone or device fulfils three criteria. These are that the call is to an emergency service, that the caller is acting in response to a genuine emergency and that it is unsafe or impracticable to cease the driving to make the call.
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If you have received a fixed penalty notice or are summonsed for using a mobile phone whilst driving, often along with other offences, it is always advisable to seek advice from Specialist Motoring Offence Solicitors, Rothera Sharp. Call now on 0800 088 6280.