In the current clamp down by the police if you are unfairly summonsed for driving whilst using a mobile phone do contact me to see how I can assist you. I charge a fixed fee of £600 for representation at trial when defending a mobile phone allegation. It is worth remembering the following:
- The Police and prosecution even in these cases still need to prove the allegation to the criminal standard of proof. If the Court is unsure if you were using a phone then it is duty bound to acquit you.
- What distance was the officer from you? How long did he have the phone in his view for? Was there any obstruction in his way? When two cars are travelling even at slow speeds it can be for less than a fraction of a second that the officer sees your phone for.
- Did his colleague write a statement? If not, why not?
- Do you agree with any admissions made at the scene? Did you say what is alleged that you said to the officer? Did you sign his notes as a true record of what was said? If not, why?
- Did the officer check or ask to check your phone? Phone records only go so far. They show a call made, not the act of making (imperfect tense) the call if not made or a text that isn’t sent.
- Remember the most dangerous witness is the honest but mistaken witness who comes across as utterly truthful but is in fact plain wrong.
- Was anyone in the car with you? Can they come to court if you were not using the phone?
- What is your previous driving history like? Do you have numerous infringements or this out of character?
- “Using” a mobile phone has not been defined in the higher courts – there is no legal definition but it must include sending a text or pressing any buttons on a phone. One takes its ordinary and normal usage. It also includes, in my view, merely looking at the phone in your hand. According to my dictionary the word means “to employ for some purpose; put into service; make use of”
- I am not sure if merely picking up a phone that has fallen on the floor is “using” the phone but these are questions that a court can answer.
Contact me to see if I can help as a barrister in defending you and your licence.