Crosswords4 mins ago
Mobile Phone Whilst Driving
Is it correct that if you are now caught using a mobile phone whilst driving ( including if you pull in to the side of the road ,but still have the engine running ) you will automatically lose your licence for three months ?
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All these niceties would be a matter for a court to decide if the offence was denied. There is no legal definition of “driving” and if the offence was denied a court would have to decide if the accused was “driving” whilst using the phone.
Driving whilst using a hand held device attracts six points as a fixed penalty. If the matter goes to court six points is the standard penalty there as well although, as with any single offence that attracts points, the court may impose a ban instead.
A few more points of order:
“If you are a new driver for the first two years it only takes six points to get a ban.”
That’s not correct. A “New Driver” (which is one who passed his first test less than two years prior to the offence) has his licence revoked by the DVLA when they are informed he has reached six points. However he is not banned from driving. He can immediately apply for a new provisional licence and drive – subject to its conditions – as soon as he has it. He must pass his test (both parts) again.
“Drunk in charge of a motor vehicle has the same penalty as Drink driving a compulsory ban .”
No it does not. It attracts a minimum of ten penalty points but a ban is not mandatory.
“The offence of Drunk in Charge would apply - is the person in charge of the vehicle, regardless of where he is sitting.”
There is a statutory defence to the charge of In Charge with Excess Alcohol which says this:
"It is a defence for a person charged with an offence [of being In Charge with Excess Alcohol] to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit".
I have seen this defence run (both successfully and unsuccessfully). A person sitting other than in the driving seat of a car would be well on the way to being able to take advantage of this defence though he would still have to prove he had no intention of driving until he returned to a legal level.
Driving whilst using a hand held device attracts six points as a fixed penalty. If the matter goes to court six points is the standard penalty there as well although, as with any single offence that attracts points, the court may impose a ban instead.
A few more points of order:
“If you are a new driver for the first two years it only takes six points to get a ban.”
That’s not correct. A “New Driver” (which is one who passed his first test less than two years prior to the offence) has his licence revoked by the DVLA when they are informed he has reached six points. However he is not banned from driving. He can immediately apply for a new provisional licence and drive – subject to its conditions – as soon as he has it. He must pass his test (both parts) again.
“Drunk in charge of a motor vehicle has the same penalty as Drink driving a compulsory ban .”
No it does not. It attracts a minimum of ten penalty points but a ban is not mandatory.
“The offence of Drunk in Charge would apply - is the person in charge of the vehicle, regardless of where he is sitting.”
There is a statutory defence to the charge of In Charge with Excess Alcohol which says this:
"It is a defence for a person charged with an offence [of being In Charge with Excess Alcohol] to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit".
I have seen this defence run (both successfully and unsuccessfully). A person sitting other than in the driving seat of a car would be well on the way to being able to take advantage of this defence though he would still have to prove he had no intention of driving until he returned to a legal level.
No, so long as you do not allow yourself to be distracted by them so that your driving falls below the standard expected of a careful and competent driver. Drivers have always had that responsibility. The mobile phone laws have simply introduced a specific offence which falls into that category because it has been recognised that using one whilst driving almost inevitably leads to the standard of driving to fall.
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