Nick Jervis

Mobile Phone Driving... don't do it if you want to keep your license!

With mobile phones becoming more and more a feature of everyday life, it is not surprising that they now have their own section and special mention within the Road Traffic Act 2006. Initially mobile phones were first brought into the legislation in December 2003 in an attempt to stop drivers using their mobile phones whilst driving. In February 2007 the penalty available for the offence was increased.

The law prevents anyone from using a "hand-held" mobile phone whilst driving. Whilst you might think that the law only relates to the using of a mobile phone to make or receive calls, all uses of a mobile phone have been covered by the legislation. This means that you should not use your mobile phone for any means whatsoever whilst you are driving.

The definition of use of a hand-held phone includes:

• Sending or receiving oral or written messages (therefore text messages or voicemails)
• Sending or receiving faxes
• Sending or receiving still or moving images (photos or videos)
• Obtaining access to the internet.

Penalties For Using A Mobile Phone Whilst Driving

The fixed penalty for using a mobile phone whilst driving from February 2007 was increased to £60 and three penalty points. However, you can decide not to accept the fixed penalty and fine, but if you do so you will have to defend the charge in court. At the court hearing, the potential penalties are far greater. You could receive a maximum fine of £1,000 or £2500 if you are a driver of a van, lorry, bus or a coach. Therefore, there is a very serious risk if you decide to opt for a court hearing to determine the outcome of your offence.

The important thing to do is to take early action. Find an expert Mobile Phone Offences Solicitor and ask them what is likely to happen to you. Weigh up the implications of losing your licence. Will you lose your job? Will it restrict your daily living activities? It is important to consider all aspects so that you can consider how much you are prepared to spend on legal fees to try to keep your licence.

How Do  You Find An Expert Solicitor?
You need to find a solicitor that clearly deals with a large number of mobile phone and other driving offences. If you start your search on the internet, you can expect to find a specific driving offences page at least, but preferably a page for each of the main offences, such as totting up, speeding offences, drink driving etc. If they have taken the time to prepare a larger than average section dealing with these types of matters, it is likely it is because it is a large part of their legal practice, which again implies expertise.

The next question is whether they make it clear that you can make initial contact with them free of charge, or for a fixed fee at least. You need to be able to talk with them to assess not only their competance, but whether you believe that they will do a good job for you. Once you have spoken to them, will they offer you a fixed price service so you know exactly how much it is going to cost you? If not your bill could run on indefinitely.

Finally, do they have any feedback from satisfied clients indicating that they provide a good (and ultimately successful service)?

Ultimately, the best way to protect yourself is never to use your mobile phone while driving!

Article Tags: Mobile Phone Whilst, Mobile Phone, Phone Whilst

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