The offence of using a handheld mobile telephone while driving is punishable with a fine of £60 on a fixed penalty notice or up to £2500 on conviction as well as 3 penalty points endorsed upon your licence. 

The legal test

This offence applies to most handheld mobile devices with the exception of two way radios. Often this offence involves the word of the motorist against that of a police officer or other witness.

As the burden of proving the offence lies with the Crown and they must prove the case beyond reasonable doubt if there is an absence of collaborative evidence from the crown the case is often winnable if fought in court.

Possible defences

Any evidence presented in the defendant’s favour such as witnesses from within the car or evidence from the phone to show that it was not being used can weigh enormously in the defendant’s favour.

Get legal help

If you find yourself facing a prosecution for a driving offence, then you may wish to get experienced and effective representation to ensure that the matter does not result in a criminal conviction. Quentin Hunt is a criminal defence specialist barrister who has been practising for over 25 years in this area, he accepts instructions both through solicitors and directly from members of the public. You may contact Quentin for a free, no-obligation initial conversation as to how he may be able to assist in your case.