Mobile Phone Usage
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Mobile Phone Usage
It is against the law to use a handheld mobile phone while driving. Not only is it illegal to talk on the phone without using a headset or hands free kit of some sort, but it is illegal to text, use social media, or perform any task that requires interaction with the device. What’s more, all mobile devices are covered, so this includes but is not limited to mp3 players, tablet computers, and smartphones.
What’s more, driving is considered to include any process where you should be in total control of the vehicle, and this includes when you are stopped at traffic lights or if you are stuck in heavy traffic. The police and courts have been clamping down on this offence, where possible, and the law is now taken to mean that it is an offence to hold a mobile phone while driving or while riding a motorbike.
Being found guilty of using a mobile means that you could receive 3 points and a £100 fine if you accept a fixed penalty notice. Alternatively, if the case goes to court, you could receive a fine of considerably more and you could even be disqualified from driving.
Even using a hands-free kit is not a guaranteed means of avoiding arrest, because if the police believe that you are distracted as a result of the use of your mobile phone and headset, then you could still be pulled over and charged. You are only permitted to use a mobile phone to dial the emergency services and it is not considered safe to stop, or if you are safely and legally parked.
Simply being seen using or holding a mobile phone while driving is enough to be charged with this offence, even if it was not hampering or negatively impacting your driving in any way. In fact, if the use of a mobile phone was distracting your driving, then you could be charged with the additional offence of driving without due care and attention.
Accidents And Handheld Device Usage
If you are involved in an accident, the police will typically take your mobile phone and check its history to determine whether you were texting or talking, while the police have an increasing arsenal of tools at their disposal that they can use to identify those that are breaking the law in this way. New devices are being developed that can determine whether a phone is being used in a car, which seat it is being used from, and even whether the handset is sending or receiving and whether it is text or data that is being transmitted. Following successful trials, the police have now started to use undercover HGV trucks with video cameras and police officers on board, making it increasingly likely that a person will be caught if they use their mobile while driving a car.
Mobile Phone Usage While Driving
If you have been accused of using a handheld device while driving, then you should call on the assistance of a qualified and experienced motoring lawyer. They will be able to determine whether you have a defence, or they may be able to help ensure that you keep your licence due to exceptional hardship even if you have amassed 12 points within three years.