“Driving while using a handheld device”, in other words, getting caught using your phone with your hands while driving. How many times have you been pulled over by the police for using your mobile? Here’s the story of how one man challenged this in court and won.
But first, the legal part. Using a handheld device while driving is illegal under the Road Traffic legislation in the United Kingdon and Wales. The legislation ties this offence in the act to not having proper control of the vehicle and is detailed under the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 Rule 110. The first thing to note is you can use your mobile using a hands-free set up in your car. It is the interacting directly with your mobile phone in a way that distracts you from driving that is considered an offence. So set your car up with hands-free mobile use and avoid risking getting caught using your phone. The second thing to note is there are exceptions that are allowed when making calls while driving. The exceptions are if you are calling the police, fire, ambulance or other emergency services on 112 or 999, or if you are acting in response to a genuine emergency, and if it is unsafe or impracticable for you to stop driving in order to make the call. The interactions with your phone that do make using it an offence are explained in the legislation as follows:
(i)illuminating the screen;
(ii)checking the time;
(iii)checking notifications;
(iv)unlocking the device;
(v)making, receiving, or rejecting a telephone or internet based call;
(vi)sending, receiving or uploading oral or written content;
(vii)sending, receiving or uploading a photo or video;
(viii)utilising camera, video, or sound recording functionality;
(ix)drafting any text;
(x)accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;
(xi)accessing an application;
(xii)accessing the internet.
You could be found guilty of this offence even if you are using your phone while standing still at a traffic light or in traffic.
The penalty for this is a fixed penalty fine of £200 and six penalty points on your licence. It is worth noting that getting six points within two years of passing your driving test will automatically lead to losing your licence. You can also be banned from driving and pay a much higher penalty fee if the matter goes to court and you are found to be guilty. All of this would lead to higher insurance costs.
“So, if you were coming from the right and I had my phone in my hand to my left ear, how could you see my phone? My head isn’t made of glass that you could see through!“
And that, in essence, was the line of questioning that this defendant used on a police officer giving evidence that led to him being found not guilty. In addition to this, the evidence given by the prosecution, including evidence directly from the police officers, while credible, was not consistent with the description of the phone they gave, which was also shown in court as evidence. This defendant was not represented, meaning he did not have a lawyer to fight his battles for him, but understood the task of cross-examining the officers. The task being to try to bring out doubt and inconsistencies in the evidence through asking the right questions. At the end of the trial, the evidence in front of the magistrates was not enough to prove beyond reasonable doubt that the defendant was using his mobile phone while driving. The defendant was found not guilty.
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