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Driving while on the phone is a criminal offence. If you are convicted, you may be given the chance to take a fixed penalty. To do this you can attend your local court and speak to the Fines Clerk. Your payment of £100 will be taken and 3 penalty points will be marked on your licence. Alternatively, if you wish to contest the matter in court, you can ignore the fixed penalty ticket and wait for the matter to go to court. The Procurator Fiscal will write to you within a few months, giving you a date for court. This is where you can contest matters, if you wish.
If you already have 9 points or more on your licence, you will be prosecuted in court for driving while on the phone. If you are convicted, the court will put 3 points on your licence and give you a fine of up to £1000 (if you are driving a goods or passenger vehicle, mobile phone driving is considered more serious: the fine can then be up to £2500). If the offence is particularly serious, the court has the option of banning you from driving.
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It is likely that the case against you will be short and simple. It will centre on the evidence of the two police officers who observed you in your car. Typically, they will have seen you holding something to your ear whilst appearing to talk. They’ll state in court you were driving while on the phone. If you would like us to prepare a forensic examination of the case against you, examine your lines of defence and explain mobile phone law, please be in touch.
Mobile phone use is a contravention of the Construction & Use Regulations. It is made a criminal offence under the Road Traffic Act 1988. The attitude of Justices of the Peace to this offence is to consider it a matter concerning road safety, rather than simply a technical breach of the Regulations. Despite this, there is a fixed statutory number of penalty points imposed for all cases regardless of the particular circumstances.