Most of us are used to looking out for speed cameras when we’re driving, but did you know that some cameras on the road can now capture you using your mobile phone?

It’s one of the ways that police are cracking down on motoring offences like using your phone while driving, or not wearing a seatbelt.

New technology

The new technology allows the cameras to take high-speed front-facing and overhead images of vehicles. They  use AI to detect whether or not you are using your phone while you’re driving.

This is game-changing technology which is catching more and more people as they use their phones behind the wheel. It’s very effective and provides good evidence to the police to prosecute these offences.

What happens if you’re caught using a phone while driving?

If you’re caught using your phone, then you’ll either be sent a warning letter from the police or a notice of intended prosecution.

It’s important to note that ‘using’ your phone doesn’t just mean making calls or sending text messages. You’re committing a driving offence if you’re using your phone in any way while your car engine is running. For example, it includes:

·      scrolling a music playlist

·      browsing the internet

·      taking a photo

·      playing a game

The rules apply even when stopped at a red light or stuck in traffic. You can also be prosecuted for using your phone if you’re supervising a learner driver.

What’s the punishment?

If you’re caught handling a mobile phone behind the wheel, the standard punishment is a fine of £200 and six penalty points.

However, the fine can be as much as £1,000 for driving a car, and £2,500 if you’re driving a lorry or a bus.  

Getting six points on your licence has further consequences. In some cases, it may mean that you lose your licence altogether. In all cases, you’ll see an increase to your insurance.

Is there a defence?

You might be able to defend the allegations against you, if you can prove that you were using your phone legally. You’re allowed to use your phone while in your vehicle if you are:

·      Making calls to the emergency services when there is no safe place to pull over

·      Using contactless payments like Apple Pay for drive throughs and to pay tolls

·      Making a hands-free call

However, the new cameras will likely be able to show if you were using your phone legally or illegally. Remember, that simply holding a mobile phone while driving is illegal.

If you’re safely parked, and the engine is off, then you’re allowed to use your phone.

How a solicitor can help

If you’ve received a warning letter, or a notice of intended prosecution, then we can talk through your options if you want to challenge it. We can let you know how strong your case is from a legal point of view, and what the steps are to challenge it.

Be aware though, that if your defence fails, then you might have to pay a higher fine, and some court costs. You’ll still get the points on your licence too.

If you’ve been called into the police station, we can represent you. You’re always entitled to free representation for an interview under caution, and we’re happy to be your solicitor in these circumstances.

Please get in touch if you’d like help to defence a motoring offence.

Contact Harewood Law today.

0333 3448377 | info@harewoodlaw.com