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MAR
07

New Enhanced Penalties for Driving Whilst Using a Mobile Phone

mobile drivingOn the 1st  of March 2017 the law changed in relation to using mobile telephones and other hand held devices whilst driving a motor vehicle.  There is now a mandatory minimum endorsement of 6 points and a fine of 200.00 pounds. Previously the offence carried 3 points and a 60.00 pound fine.

The offence is committed if a hand held device is held whilst it is on. So even if the driver is not seen by police to be speaking into a phone or sending a message he can still be convicted for driving whilst using a mobile phone. The reason for this is that a phone can still be in “use” by virtue of the fact that it is receiving data.

However, the police have to prove that it was on whilst being held by the driver. This is a matter of evidence that will have to be served on the defence and relied  on in court. This can involve a trial and the instruction of an expert. At Lewis Nedas Law we have team of experienced solicitors and court room advocates who specialise in road traffic offences and can help you with this highly  technical and complex area of law.

The fact that the endorserable penalty points have increased to a mandatory minimum of 6 will place 1000’s of drivers with 6 points already on their licence in a precarious position. The reason for  this is that if  you tot up 12 points within 3 years you face a 6 month disqualification. A driving ban can have far reaching effects both financially and socially. It can, however be avoided if a court determines that the driver would suffer exceptional hardship.

The courts do not routinely accept exceptional hardship applications. They have to be expertly presented at court and supported with both oral and documentary evidence. The solicitors and barristers that Lewis Nedas Law has at it’s disposal are highly effective at presenting these types of cases at court. Please do not hesitate to contact us if you find yourself in this position, we can help.

 

Contact Our Specialist Driving Offences Defence Solicitors

Call us today by calling 0207 387 2032 or by email through our online enquiry, here.

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