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Are you facing a mobile phone offence?
Whether you were making or receiving a phone call, viewing images or responding to a message, a mobile phone offence consists of the phone or smartphone being used at some point whilst operating a vehicle.
The reason behind why you were using your phone will not be included as an element of the offence, but the phone must have been used for an ‘interactive function’, which could be any of the uses already mentioned. The prosecution has to prove that the phone was hand-held by the driver at some point whilst operating the vehicle and this also includes if the driver was caught whilst the vehicle was stationary such as at a traffic light.
To prove to the court that you are not guilty, the court needs to be persuaded that the phone was not in use for an ‘interactive function’. This could be supported by call records or data usage records which shows that no communications were made during the time of the offence, but every case is fact specific.
As it stands, being found guilty of using a mobile phone behind the wheel of a vehicle can result in a standard £200 fine and 6 penalty points, with a maximum of £1000 and 6 points on a driving licence. For those that are found driving an HGV, bus or coach, the fine can go as far as £2500.
If you would like to see how Simon at Collingham Chambers can help you fight your case, get in touch today.
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