Mobile Phone Law Change
In March 2022, the law regarding mobile phone offences was updated. The update outlined that any use of a mobile phone whilst driving (handling, moving or touching a phone) is considered a moving traffic offence! Many motorists who are sat stationary in traffic may decide to have a quick look at their phone, cancel a call or update their Google Maps navigation app. The police will pull you over and issue you with a fixed penalty if they see this. To read more on Mobile Phone Offences, click here.
The change in the law has also opened the floodgates when it comes to the police prosecuting people. There has been a huge increase in the amount of mobile phone offences that are currently being dealt with by the Courts and and the Police. Tickets are being issued by the police as it is much easier to establish use of a phone following the recent change in the law. You do not have to accept a fixed penalty for a Mobile Phone Offence. Many cases can be challenged based on the evidence of the police officer. The police are often and can be mistaken in what they say they have seen. Especially after working long, unsociable hours and night shifts. You would think, wouldn't you, that if the alleged offence was caught on camera then you're bang to rights? Think again.
Here are 3 reasons as to why video footage might not be admissible:
- The footage may not be clear enough or be of a poor quality
- The footage may not be time or date stamped
- The footage may not have been exhibited correctly by the police officer
How to Get Off Using a Phone While Driving
We recently represented a client who was accused of using a mobile phone whilst driving. Our client was pulled over by the police and asked why they were on their phone. Our client disputed the allegation at the roadside. The case was challenged on the basis that it was not a mobile phone. This was helped by the fact that the officer did not ask to see the mobile phone at the roadside. When the case reached the Magistrates' Court, the officer stated that he saw a mobile phone. We then asked him to confirm how it he knew it was a mobile phone. The officer said he saw a bright screen illuminated within the vehicle. We then asked the officer whether he asked to have a look at the phone at the roadside the officer confirmed he did not check the phone.
Our client then introduced evidence to the court. Our client was able to explain that what the officer could have seen was an iPod Touch. This of course, is not a mobile phone and as such the offence cannot be committed. The court decided that the officer could not be sure that it was a mobile phone. This was based solely on the evidence from our client. The court found our client not guilty of the offence. They could not be sure based on the evidence that our client had committed the offence. Our client was also awarded with a Defence Costs Order (DCO) allowing our client to claim back money spent in defending the allegation.
Caught on using Mobile Phone While Driving Course
Courses for mobile phone offences were scrapped in 2017. As such, the police will use the current guidance to automatically issue a Fixed Penalty Notice! If you are stopped by the police, the first document you should receive is a Conditional Offer of 6 penalty points and a £200 financial penalty. If you are not pulled over by the police, a Notice of Intended Prosecution should be sent to the registered keeper of the vehicle.
Only recently have the police been able to offer a slightly different Driver Awareness Course for mobile phone offences. The course is called 'What's Driving Us?' and is intended to retrain drivers who have been involved in minor traffic offences. Most police officers are unaware that a course can be offered in place of the penalty points. We have secured the course for many client's facing 6 points , or worse, a totting up ban. The course is usually around £80 and can be completed virtually or in person. If you have been stopped by the police or have received a a notice from them, call us now to ensure we are able to do all that we can to avoid the police from issuing you with penalty points.
How to avoid points for using mobile phone
Remember, the Crown Prosecution Service can be persuaded to accept a guilty plea but to a slightly different offence. Contrary to regulation 104 of the Road Vehicles (Construction and Use) Regulations 1986, section 41D of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988, it is an offence to not be in a position to be in proper control of a vehicle. This offence carries three penalty points, not six. We are often able to make representations to the Crown Prosecution Service as to why the mobile phone offence is not proportionate to the facts of a case. With the CPS also prioritising cases on "top-down" basis, they are taking what they can get at the moment. They want conviction rates high, and if that means reducing a sentence by three penalty points, it's likely to be a no brainer for a busy and overworked prosecutor in a case-clogged Magistrates' Court.
Notice of Intended Prosecution 14 Day Rule
NIP's for mobile phone offences can sometimes cause some confusion. An NIP is a warning that you may face prosecution, it doesn't mean that a prosecution is automatically going to take place You will most likely still receive an NIP together with a Section 172 request for driver details , however the 14 day rule does not apply for this offence. If you do receive an NIP, make sure it is filled in and sent back within 28 days otherwise you could face bigger consequences.
