If you are stopped by the police for driving whilst using a mobile phone you will usually receive 3 points and a fixed penalty. If you do not wish to accept this based on the fact that you did not use the mobile, you will receive summons to attend the Magistrates Court. If the police can prove that you were not in control of the car at the time, instead of the mobile phone offence they can charge you for ‘Not being in proper control of a vehicle’. This will carry a heavier fine, court costs and victim surcharge if found guilty by the Magistrates.
If you have been charged with using a mobile phone and you strongly feel that the charge is without any base, you should contact a solicitor for advice. If you can prove that you did not use your mobile phone, perhaps by obtaining the call records you may have a defence. If you were not using a mobile phone at the time, or if you feel that you have a defence please contact our traffic lawyers so that we can discuss your case further.