Shades of grey in mobile phone motoring offences

If you have been charged with a mobile phone offence you will find that there are many grey areas. Across the globe there are countries where using any form of mobile device is a motoring offence. This applies to both hand held and hands free devices. However across England and Wales, motoring offence solicitors would only be required where the motorist was using a hand held device whilst driving. The laws relating to mobile phone usage whilst driving were formulated in the eighties. There has been huge technological advancement in the mobile phone industry since then but these are not covered.

This makes the law open to interpretation and can be confusing for motorists. Motoring solicitors are often asked if a person is culpable when using the mobile but not to text or make a call. There are no straightforward answers to this question. For mobile phone usage to be deemed as a motoring offence the device must be handheld, adapted to facilitate interactive communication and be used when driving.

A common situation is when a motorist uses the phone to access an application or information whilst driving but not to make a call. There is no consistency in approach to these forms of traffic offences in the Courts so it is necessary to use a motoring lawyer in your defence.

If you want to dispute a mobile phone offence of this nature then ensure you retrieve all call records for your mobile phone from your service provider including text messages, incoming and outgoing calls. This type of information is not always provided as standard.

Without this form of evidence you can expect 3 points on your licence and a fine of £60. At Cunningham’s Solicitors we can provide you with expert defence for a wide range of motoring offences ensuring you get the best outcome.

 
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