Mobile Phone Use Mobile phones are part of everyday life and most people know they should have a hands free kit in their cars. But many don't and if you're caught using a mobile phone, while driving, the police will no longer warn you as they used to during the "honeymoon period". You now face an endorsement of 3 penalty points as well as a fine.
Moreover, an accident caused while distracted using a mobile phone is regarded as an "aggravating feature" by the police and courts and may tip a careless driving case over the line into a dangerous driving case. Remember that the Police can and frequently do draw upon the very accurate time and geographical position records of the mobile phone service providers to obtain evidence.
The new legislation provides considerable latitude for successful defences, for example, the specific offence is driving a motor vehicle on a road using a hand-held mobile telephone. A mobile telephone is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function, (eg: texting). Accordingly it is up to the police to prove that the device was being used in this way.
