It is an offence for a person to drive whilst using a hand-held mobile telephone or other specified device.

A phone/device is hand held if it is actually held or must be held at some point during the making or recieving a call or other interactive communication function (this cwould incluse text messages, accessing the internet, e-mails etc)

It is also an offence to permit use by the driver and to supervise a provisional licence holder whilst using.

The offence is endorseable with 3 penalty points.

The Prosecution have to prove that the phone was being USED. Simply holding the phone is not nescesarily enough.

You may have a defence and don't know it - please call us to discuss the merits of your case.

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