Using a Mobile Phone Whilst Driving

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       Using a mobile phone while driving...

Mobile phones are still relatively new inventions, but in driving terms, they carry up to a £1000 fine and a mandatory level of 3 penalty points.  Often, the police will issue a fixed penalty notice and many people do not want the hassle of going to court so they take the points on their licence.  However, it is often the case that officers are mistaken in their impression of what they saw.

Marcus Croskell is one of the most successful motoring lawyers in Suffolk, Essex and Norfolk region and has helped many clients to defend a charge of using a mobile phone while driving.

       How can the police prove you were using a phone?

It is an offence for a driver to use a hand-held mobile telephone  whilst driving if he is making or receiving a call or using a number of other specified functions such as text messaging or browsing the internet.  The police often fail to make basic checks to rule out ways in which the phone was used such as checking the call log or text messages.  Do not accept a fixed penalty notice if you think you are not guilty of the offence as help is available.

Specialist road traffic offence lawyer Marcus Croskell has a high success rate of defending mobile phone trials by considering all aspects from the view of the officer, the procedure followed and a detailed analysis of all calls made from the phone in question.  Marcus Croskell can assist in preparing your defence to demonstrate you did not use your mobile phone as alleged.  He can be contacted for an initial FREE legal enquiry by EMAIL HERE or on 0843 886 2603 quoting reference: marcuscroskell.com.

      Case Study

Client was unrepresented in the Magistrates' Court and was convicted at trial.  Marcus Croskell was instructed to help him appeal to the Crown Court.  Client had been stopped by a police officer who believed he was using an iphone whilst driving.  The policeman was driving in the opposite direction and was convinced that the client was using the mobile phone to make a call.  Marcus Croskell helped the client prepare fully for the case by obtaining additional information from the police about their checks on the telephone that was not presented at the Magistrates' Court trial, as well as detail about the installed hands-free system and call logs.


At the appeal at Ipswich Crown Court, Marcus Croskell cross-examined the police officer and demonstrated that contrary to the good view he believed he had for over 3 seconds, it was in fact obstructed by parts of the car, he was distracted by the road and in fact could only have seen the driver for less than 1 second.  The Judge held that the conviction was unsafe and he was acquitted of the offence retaining his clean driving licence.  He recovered his costs of defending the prosecution.

       How can I counter the evidence of the police?

Sometimes police officers are convinced they are correct and will not be swayed from their interpretation of events.  However, Marcus Croskell can assist you carefully prepare all that you need for trial to put you in the best position.  This may involve collation of important documents and vetting of witnesses.  Alternatively, if you have no basis to defend the allegation, Marcus Croskell can help put your case postively to the court to avoid a disqualification or reduce the number of penalty points.

If you are accused of using a hand-held mobile telephone whilst driving and would like some advice and assistance from an experienced motoroing lawyer, please contact Marcus Croskell if you would like a FREE initial legal enquiry on 0843 886 2603 or contact us online here.  Please use the reference: marcuscroskell.com.