Specialist London Solicitors in Using a Mobile Phone Whilst Driving cases
At MFI Law Limited we have the expertise in representing clients charged with using a mobile phone whilst driving. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.
Using a mobile phone whilst driving is governed by The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations
Regulations 110(1) and (2) prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a hand-held mobile telephone or similar device.
Regulation 110(3) prohibits a person from using a mobile telephone or similar device while supervising a holder of a provisional licence at a time when the provisional licence holder is driving a motor vehicle on a road. It is an offence under section 42 of the Road Traffic Act 1988 to contravene these regulations.
Regulation 110(4) provides a definition of devices that are considered similar to hand-held mobile telephones for the purpose of these regulations. This definition excludes two-way radios.
Regulation 110(5) provides that in specific circumstances a person will not breach the regulation. Where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving while the call is being made, the regulation is not breached.
The prosecution have to prove beyond reasonable doubt that you were actually driving with a hand held device in your hand and in use. If you would like to challenge a driving offence at Court, or before it reaches Court, we highly recommend you speak to one of our solicitors and we are here to assist you.
Sentencing guidelines for using a hand held device whilst driving
You can receive an automatic fixed penalty notice if you are caught using a hand‐held phone while driving or riding. You can also receive 3 penalty points on your licence and a fine of £100.00.
Your case could also go to court and you could be disqualified from driving or riding and get receive a maximum fine of £1,000.00.
Drivers of buses or goods vehicles could get a maximum fine of £2,500.00.