Using a Phone while Driving

Section 41D of the Road Traffic Act 1988 makes it an offence to use a mobile telephone or other hand held device whilst driving.  The particular facts and circumstances of each case are fundamentally important when assessing the strength of the defence of your case.
Very often the prosecution case will simply consist of two police officers stating that they clearly saw you either engaged in a telephone call or using a hand held device in some interactive manner whilst ‘driving’.
Critical to a successful defence of an offence of this nature is robust cross-examination of the two police officers and knowing what aspects of the prosecution case to target.
It is therefore extremely important to seek early expert legal advice and we at Driver Defender have had considerable success in defending these cases on behalf of our clients.