subject: Tips For Fighting A Charge Of Using A Mobile While Driving [print this page] It has long been an offence to use a mobile phone whilst driving, but it's only since 2007 that the law against this has been given real teeth. If you're given a fixed penalty notice then you will have to pay a fine of 60, plus you'll be given three penalty points. If you refuse such a notice and subsequently lose the case in court then you could be fined as much as 1,000. Moreover, if you are charged with causing an accident or killing someone while driving and using a mobile phone, the more serious offences of 'driving without due care and attention' or 'dangerous driving' can be brought against you, possibly resulting in a significant term of imprisonment.
It's important to note that you can also be charged with using a mobile phone while driving even while you're in a traffic jam or when you're supervising a driver who has a provisional licence. If you've been charged for using a mobile in any of these situations and you were indeed doing so at the time, then it's best to plead guilty, accept the fixed penalty notice and not run the risk of racking up a more substantial fine in court. However, if you dispute having used a mobile phone at the alleged time and believe that the police are simply mistaken, then it's well worth exploring the ways you can fight the charge that has been brought against you.
A charge such as this often comes down to the police officer's word against that of the driver. While you may assume that a police officer will be given more credence than the accused in a court of law that is not necessarily the case. Fundamentally, it is the strength of the individual testimonies that will help decide the case. Without any additional evidence, the outcome of the case will likely swing on the cross-examinations carried out in court.
That's not to say that additional evidence isn't available, if it has been sought. When stopping a motorist for the alleged offence, the police officer should note the make and model of the phone itself and check to see if there have been recent incoming or outgoing calls, to ascertain if indeed the phone had been used at the alleged time. The police can also use the mobile phone number to check call records with the service provider. If these records corroborate the allegation, then the case is much stronger. The fact is, though, that the police often don't gather this evidence which means that an acquittal is more likely.
Of course, if you've been wrongly accused of such an offence, gathering your own evidence of call activity can help to discredit the allegation. Utilising call records in court can be difficult, due to the technical nature of the evidence. This is why it's always a good idea to employ the services of a specialist motoring solicitor or barrister to help you navigate this legal minefield and secure an acquittal.
