Mobile Phones

Section 41D of the Road Traffic Act 1988 makes it an offence to use a mobile telephone or other similar device in a hand held capacity whilst driving. The terms “use” and “driving” have been debated at length in case law and as with all cases, the individual facts of the case are fundamentally important as to whether a case can be successfully defended or not. Other offences relating to mobile phones to also exist and again, in order to ensure that the best possible result is obtained in such a case, professional advice is fundamentally important at a very early stage in proceedings.