Using a Mobile Phone Whilst Driving Solicitors
Expert solicitors and barristers in Using a Mobile Phone Whilst Driving cases.
Kang & Co’s Driving Offences Solicitors have achieved excellent results at defending motoring offences such as using a mobile phone or other handheld interactive communication device. If you are being prosecuted for using a mobile phone whilst driving, call our specialist Motoring Solicitors on 0345 222 9955 or send us a message via our Enquiry Form.
What is the law for Using a Mobile Phone Whilst Driving?
The offence of using a mobile telephone or other hand-held interactive communication device is contained within Section 41D(b) of the Road Traffic Act 1988.
In most circumstances, this prosecution will be brought because a Police Officer has or believes he has seen a driver using a mobile phone whilst driving.
Where a trial would take place?
The offence of using a mobile telephone or other hand-held interactive communication device whilst driving is triable only summarily, this means that a trial would only take place in the Magistrates’ Court.
The Punishment for Using a Mobile Phone Whilst Driving?
As of 1st March 2017, if a person pleads guilty or is convicted of using a mobile phone whilst driving 6 penalty points will be endorsed upon the driving licence of the defendant. A driver education / training course is no longer available for this offence.
In addition to the mandatory 6 penalty points for using a mobile phone whilst driving, the Court can impose a fine of up to £1,000.00
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1000 + VAT
Using a Hands-Free Mobile Phone Whilst Driving
You can use a mobile phone if it is fully hands-free, for example a mobile phone connected via an in-built car system. A driver is not allowed to pick up the mobile phone and operate it whilst driving, even if this is momentarily. It is often in these circumstances that a Police Officer may see a motorist using a mobile phone whilst driving.
To avoid the risk of being prosecuted for using a mobile phone whilst driving, your hands-free device should be fully set up and connected before you start driving, so you can make and take calls without handling the device.
A Police Officer still possess the power to stop you if the Police Officer believes you have been distracted by a mobile telephone while driving, even if the mobile phone is fully hands-free. Many road safety groups believe mobile phones should be completely switched off while driving, to avoid the risk of distractions and collision.
Using your Mobile Phone for Navigation
If you are using your mobile phone as a navigation device whilst driving, it should be properly fixed to your windscreen or dashboard and the mobile phone should not obstruct your view of the road. The destination should be entered before you start driving and you should not use the phone whilst driving, as you could be prosecuted for using a mobile phone whilst driving.
The Offence of Using a Mobile Phone Whilst Driving
You could be prosecuted if you are driving and handle your mobile phone in the following circumstances:
- Whilst being stopped at traffic lights;
- Make or receive phone calls;
- Whilst queening in traffic;
- Accessing the internet
- Sending or receiving pictures or text messages
- Using mobile apps
- Taking photographs or videos
What the Prosecution Need to Prove
The prosecutor must prove to the Magistrates’ Court, beyond reasonable doubt that the Defendant was at the time driving with a phone in his / her hand, which was in use.
The term ‘use’ includes using the device for any telecommunications purpose, not simply making or receiving telephone calls. The term ‘use’ includes texting while driving, using any ‘Apps’ or messaging services such as ‘WhatsApp’ that allow you to communicate with others.
If you are being prosecuted for using a mobile phone whilst driving and you dispute this, you should plead not guilty, the matter will then progress to a contested trial at the Magistrates’ Court. In such cases the defence is an outright denial because the defendant denies using a mobile phone whilst driving.
The circumstances of your case will shape the defence and to have a good change of a successful outcome (an acquittal) you will need a well-argued defence from an experienced and specialist motoring law solicitor. The experienced solicitors and barristers at Kang & Co can offer you the best chance of a successful outcome.
Our lawyers have achieved successful outcomes in numerous cases of using a mobile phone whilst driving.
Our Motoring Law Solicitors
The offence of using a mobile telephone or other hand-held interactive communication device whilst driving could potentially result in a totting up disqualification, due to the number of points this offence attracts.
Kang & Co Solicitors have expert motoring law solicitors and barristers with considerable experience in defending cases of using a mobile phone whilst driving and have successfully challenged the prosecution case, which on numerous occasions has avoided a driving disqualification.
We represent clients for mobile phone offences across England and Wales.
Caught using a mobile phone whilst driving?
We can help. Kang & Co Solicitors truly specialist solicitors and barristers have achieved excellent results at defending clients who were caught using a mobile phone whilst driving.
Call Us For An Initial Telephone Assessment
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
A great experience with Kang & Co Solicitors. Fast and professional communications and excellent representation in court with a good outcome.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
Very good from start to finish and I got the best result possible.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
I would highly recommend Kang & Co and in particular Manjinder Kang. He was very professional, provided excellent advice ending in a positive outcome. Thank you.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
I was very pleased with the service I received from Kang & Co kept me informed of everything that was happening with my case dealing with Patrick on the phone was very pleasant also the barrister Mr. Walker they instructed for my case was excellent. Definitely recommend this company.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.
Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
100 Avebury Boulevard
Buckinghamshire, MK9 1FH