Mobile Phone in Kilmarnock

In this case our client was accused of using a mobile phone whilst driving, in contravention of the Road Traffic Act 1988, s.41D(b).  Such an offence carries a minimum endorsement of 6 penalty points.  This was of particular to concern as the offence was alleged to have taken place within the first two years of our client having passed his driving test.  As a consequence, 6 points would have resulted in the revocation of his driving licence under the Road Traffic (New Drivers) Act 1995.

An essential element of this type of charge is that the Crown must prove that the device in question was being used for an interactive communicative function, which is broadly self-explanatory but includes activities such as making or receiving a telephone call, texting or using a satellite navigation app. 

Analysis of the witness statements in this case suggested that proof of such use was likely to be an issue for the prosecution.  However, there was sufficient evidence to suggest that our client was driving whilst not in proper control of his vehicle by holding, but crucially not using, his mobile phone.  This lesser offence is contained within the Road Traffic Act 1988, s.41D(a) and, crucially, carries a mandatory endorsement of only 3 penalty points.  In disposing of the case in this manner, we were able to secure the retention of our client’s driving licence.