Fined for holding a Mobile Phone whilst Driving but not using it?

Since the law changed regarding the use of Mobile Phones whilst driving, there has been a huge increase in the numbers of people who have been prosecuted for this offence. But this doesn’t mean that each and everyone one of the people who received a fine were guilty of the offence as it stands.

Holding a mobile phone but not using it whilst driving. Stopped by the Police and issued you with a £60 fine & 3 points.

The basic answer to this one is that a fine notice can be issued, but it is possible you could contest it and get the fine and points quashed. You were not pulled for using a mobile, but holding one.  If you can demonstrate that at that moment you were in complete control of the car with one hand you should reject the fixed points, and go to court and fight it.  Many cases get dropped with the right representations before they get to court. Here are a few things to consider to help you to decide what to do in this situation.

 Appraise the Situation Honestly

The first thing you need to do is to appraise the situation honestly. You need to think about whether you genuinely did have complete control of the car despite having the phone in your hand. Be honest about it with yourself.

If the officers that stopped you were following you for some time and you were not driving properly, they will testify to that fact. They may even have evidence of that on camera, so if you were driving erratically in any way they may have evidence of this fact. On the other hand, if the police car pulled up alongside you at the traffic lights and saw you holding the phone, you would have a far stronger case.

How the Law on using a mobile is Interpreted

For the stop and fine to be valid in law the mobile has to actually be in use. This means that the driver must actually be interfacing with the device in some way. That includes talking or dialling, but could also include your turning the volume up to hear your Spanish lesson.

However, you should also bear in mind that it is up to the prosecution to prove that you were actually using, not just holding the phone. If you think you have a motoring offence case consult an expert legal advisor like Hylton-Potts. The sooner you do after receiving the fine notice the better it will be for you.