Using a mobile phone whilst driving
If you are facing a prosecution for this offence, our expertise could help you keep your licence. The law dealing with this offence changed in 2017, so now if you issued with a fixed penalty notice for this offence and you accept that you are guilty, you will no longer be offered the opportunity to undertake a driver awareness course as an alternative. Your licence will now be endorsed with 6 penalty points and you will now have to pay the fixed penalty notice fine which has doubled to £200.
However, if the police decide that a fixed penalty notice is an inadequate punishment, you will have to appear at court where you could be disqualified from driving and be fined up to £1000, if you are found guilty. For drivers of buses and goods vehicles, you could receive a fine of up to £2500.
It is important to remember that if you already have 6 points or more on your licence, an allegation of this nature will mean that you will have to appear at court. If you are found guilty of this offence and your licence is endorsed with 6 or more points, you will have reached the 12 point threshold. The court will then, because of the ‘totting up’ rule, have to consider imposing a mandatory 6 month ban.
Your case will be led by a barrister or a solicitor-advocate, so you can be sure that the advice we give you and the representation at court that we provide, will be of the highest quality.
Once we have your instruction, we will thoroughly examine the prosecution case and all the available evidence. It may be that there are defences that can be put forward, or that the prosecution evidence could be challenged.
We will give you clear, practical advice in respect of the strength of the prosecution case and in respect of plea, mitigation and sentencing. If there are defences that can be put forward we will tell you and advise you accordingly.
Should it be necessary to take statements from your witnesses, we will do so and we will assist you in obtaining documentation, such as medical records, that may be relevant to your case.
For a confidential discussion and advice in respect of this offence, call our office on 01223 632420 and arrange an appointment. We look forward to hearing from you.