The recent case of R v. Barreto has allowed a new interpretation of the mobile phone laws. The case revolved around the defendant being charged with using a mobile phone whilst driving, the evidence being he filmed the scene of a serious accident on his phone whilst at the wheel of his vehicle.
The defendant was convicted at the Magistrates Court but the conviction was overturned on appeal at the Crown Court on the basis an “interactive communication function” was not being performed at the time of filming.
This decision was challenged in the High Court but the Judges upheld the decision in the Crown Court. Lady Justice Thirlwall, who heard the case along with Mr Justice Goss, said: “The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other device for calls and other interactive communication, and holding it at some stage during that process.”
If you have recently been convicted of a mobile phone offence please call us today for urgent appeal advice.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.