Using a hands free mobile phone device whilst driving could land you in prison. Just because it is legal to use a phone hands-free does not mean it is always safe to do so.
Drivers could now face jail for using a hands-free device whilst driving after a recent landmark Court case ruled them dangerous.
In the landmark case, the woman accused was driving whilst using a hands-free kit and was engaged in a telephone call with a friend. She had been talking on the phone for over 20 minutes and whilst engaging in conversation she was on the wrong side of the road when she collided with a motorcyclist and killed him. She was found guilty of Causing Death by Dangerous Driving and was given an immediate prison sentence.
The sentencing Judge said ‘There has to be an immediate custodial sentence. The fact that using a phone hands-free is lawful does not alter the fact that it is an actual distraction. Custodial sentences must follow.’
It is not currently against the law to use a hands-free kit unless you are touching a mobile, but both the Highway Code and Rule Society for the Prevention of Accidents advise that it could be a distraction.
International research evidence on the distracting effects of using a phone whilst driving is overwhelming, some of which shows a 4-9 times greater risk of having a collision by doing so. The landmark case shows that if you use a phone and drive it is not just about having both hands on the steering wheel, it is about having your mind on the road and the results of being on a phone whilst driving can be catastrophic.
The Law
It is illegal to use your phone whilst driving or riding a motorcycle unless you have hands-free access such as:
Blue tooth handset
Voice command
Dashboard holder
The law still applies if you’re:
Stopped at traffic lights
Queuing in traffic
Supervising a learner driver
Hands-free
If you use your phone hands free, you must stay in control of your vehicle at all times.
The Police can stop you if they think you are not in control because you are distracted and you can be prosecuted.
You can use a hand-held phone if either of these apply:
Your safely parked
You need to call 999 or 112 in an emergency and it is unsafe or unpractical to stop
Penalties
You can get 6 penalty points and a £200 fine if you use a hand-held phone. You can also be taken to Court where you can:
Be banned from driving or riding
Get a maximum fine of £1000
Get a fine for the offence
If you have passed your driving test in the last 2 years, you will lose your licence.
If you or anyone you know needs any help with regard to any type of motoring offence then please contact our motoring offences specialist lawyer Jas Thiara. Jas can be contacted direct on 02477 710244 or email jas.thiara@alsterskelley.com
Please call 02477 710 241 to speak to a member of the team and to make an appointment with one of our criminal lawyers at any of our six offices.
Jas Thiara
Jas joined Alsters Kelley in 2006 and was appointed Associate Solicitor with the firm in June 2007 and is also Head of the Criminal Litigation & Motoring Offences Department.
02477 710200
jas.thiara@alsterskelley.com