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mobile phone use while driving4/11/2023 Driving While Using a Mobile Phone: The Risks, Penalties, and Defence Strategies
Driving using a mobile phone is not only against the law but also incredibly dangerous. In fact, research using driving simulators has shown that talking on a mobile phone is more dangerous than drink-driving. Reaction times of drivers using their phones were 30% slower than those drinking and 50% slower than sober drivers. Penalties The penalties for using a mobile phone while driving can be severe. Prosecutions under Section 110 of the Road Vehicles (Construction and Use) Regulations 1986 are ultimately about road safety, and fines, penalty points, and outright bans are designed to discourage drivers from using their phones. The standard penalty is a £200 fine, and six penalty points on your license, with fines of up to £1,000 not uncommon and drivers of large or passenger vehicles regularly fined £2,500. For new drivers with less than two years of experience, using a phone while driving can lead to an outright ban. Despite the apparent risks and penalties, some drivers still use their mobile phones while behind the wheel. Suppose you have been accused of using your phone while driving. In that case, there are a couple of defence strategies you can use if what the officer alleges is incorrect and cannot be proven or if there are errors in the officer's application of the law. As motor offence solicitors, we use these defence strategies to ensure our clients are dealt with fairly. Some call it finding loopholes in the law, but we prefer to say we find justice for our clients. One effective defence strategy is to challenge the accuracy of the officer's allegations. For example, if you are stopped, and the police officer says you were using your phone when you weren't, you can offer to show your call data or messages. By providing this evidence, you demonstrate that you have nothing to hide and that the officer's allegation is mistaken. Defence Strategies Another defence strategy is to challenge the officer's application of the law. Sometimes, an officer may change the allegation to "not being in proper control of a vehicle" if they suspect you were not looking at the road ahead. However, this offence is much more difficult to prove in court and typically results in lower fines and fewer penalty points. Do Not Touch The Mobile Phone While mobile phones have become indispensable, they should never be used while driving. Our advice is to avoid using your phone in any way while driving, even if you're waiting at traffic lights or parked up. This includes not using communication apps like Messenger, WhatsApp, or Instagram, not using Google or Apple Maps as a sat nav unless it's in a unique holder on your dashboard, and not touching your phone for any reason while driving. Instead, invest in a "no signal bag" for your phone if you can't resist using it. Have You Received A Fixed Penalty If you have received a fixed penalty charge and points and believe you have a good defence, you can reject them. However, it's essential to seek the advice of a solicitor before contesting the allegation. Listening is critical if a solicitor advises you not to contest the allegation. Contesting the charge without a reasonable defence risks getting an even more significant fine and paying costs if you lose. In conclusion, driving while using a mobile phone is a dangerous and illegal activity that can result in severe penalties. While defence strategies are available, it's always better to prevent the offence from occurring in the first place by avoiding using mobile phones while driving. FAQ Driving & Mobile Phones Q: Is it illegal to use a mobile phone while driving in the UK? A: Yes, it is illegal to use a handheld mobile phone while driving or while stopped with the engine on. This applies to all drivers in the UK, including those on a provisional licence. Q: What is the penalty for using a mobile phone while driving? A: The penalty for using a mobile phone while driving is a fine of £200 and six penalty points on your driving licence. If you are a new driver and have held your licence for less than two years, you could also be disqualified from driving. Q: Can I use my phone as a Sat Nav while driving? A: You can use your phone as a Sat Nav while driving, but it must be in a holder that does not obstruct your view of the road and you must not touch it while driving. It is recommended that you set your Sat Nav before you start your journey. Q: Can I use my phone to listen to music while driving? A: Yes, you can use your phone to listen to music while driving, but only if it is connected to your car's audio system or played through a hands-free device. You must not hold your phone or touch it while driving. Q: What should I do if a police officer accuses me of using my phone while driving when I wasn't? A: If you are wrongly accused of using your phone while driving, you can offer to show the officer your call or message data to prove that you were not using your phone. If the officer declines to see your data, this can be mentioned in court. |