• Using a Mobile Phone while Driving

This offence now carries a fine of up to £1,000 and 6 points on your licence. You will receive a fixed penalty but if you refuse to pay it and decide to go to Court then the fines and costs can be higher.

The prosecution must prove, beyond reasonable doubt , that you were driving with a phone in your hand that was in use. ‘In use’ includes a variety of scenarios and functions of a phone, not just making or receiving phone calls. The Prosecution will have to prove that the phone was being used to perform ‘an interactive communication function’. So, if you are connected to the internet you will be considered to be using the phone. If you are using the phone to play music off line then you will not.

If you dispute using your phone then obtaining your phone records and other data from your phone will be essential.

If you are stationary then you can still be guilty of the offence if the stop is only temporary, for example at traffic lights or in a traffic queue.

If the police cannot prove that you were using the phone they may resort to charging you with not being in proper control of the vehicle or driving without due care and attention. You may want us to negotiate these alternatives with the Crown Prosecution Service.

Call now to get advice on the best outcome for your situation.

Key stages for a guilty plea

We will meet with you, consider the evidence and advise on the likely sentence and then represent you at court. We will then discuss the outcome with you after the case. The fee will not include obtaining expert or other witness statements to assist your case, advice and assistance on a special reasons or exceptional hardship hearing or advice on an appeal.

How much will it cost?

Costs will vary depending upon the circumstances of your case but typically the fees will range from £500 to £900+ VAT depending on the circumstances and where the case will be heard and we will discuss this with you when you first come to see us. Timescales will again depend on the facts of the case and when your case is listed with the court. Typically it will take between 2 and 6 months to complete dependent upon when the case is listed by the court.
You should be aware that legal aid is not generally available for motoring offences, unless they are of the more serious kind.

For more information about how we could help you, please get in touch below.

MOTORING LAW SOLUTIONS