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Driving whilst using a mobile
| 03 September 2019

Penalties: filming on your mobile phone

We all know that you should not use a mobile phone whilst driving, but what does the law say exactly?  A decision from the High Court has seen the issue hit the headlines in recent weeks.

The offence of driving whilst using a mobile phone carries a financial penalty and 6 points on your licence.  Given that disqualification will usually follow for reaching 12 points within 3 years, using your mobile phone whilst driving is putting your licence (as well as everybody’s safety) at huge risk.

The question for the High Court recently was what use of a mobile phone whilst driving is prohibited by law.  Whilst you may think that all uses of a mobile phone would be prohibited, the legislation actually only prohibits use for calls and other interactive communication (and holding it at some stage during that process).

In the High Court case, a mobile phone was being used by the driver to film the scene of an accident.  The High Court held that the use of a mobile phone for filming did not amount to the offence under the legislation.

That is not to say that the case is a green light for people to make films as they drive. You may still be prosecuted for the lesser offence of not being in proper control of a vehicle.  Driving while filming events or taking photographs may also be evidence of careless driving, and possibly of dangerous driving.  These are offences that carry greater penalties than driving whilst using a mobile phone.

At Paul Robinson Solicitors we specialise in motoring matters. We are readily available to cover police interviews under caution, as well as Magistrates and Crown Court hearings. You are entitled to free and independent legal advice at the police station if you are being interviewed under caution. We offer a friendly, professional and non-judgmental approach to all clients at a critical time.

If you find yourself in such a situation, please call 01702 338338 or our out-of-office number 01702 342525 24 hours a day. We have offices in Westcliff, Benfleet, Billericay (01277 500123) and Stratford (020 8049 5888).

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