Consultant, Graham Walker advises on how to defend prosecutions involving the use
of mobile phones whilst driving.

“I recently appeared on behalf of a client who was summonsed to appear at the
Macclesfield Magistrates’ court for using a mobile phone whilst driving his car.

The proceedings were brought under regulation 110(1) of the Road Vehicles
(Construction and Use) Regulations 1986. The offences were punishable under
Section 41D of the Road Traffic Act 1988. The offence carries an obligatory
endorsement of three penalty points and discretionary disqualification.
The offence could have been dealt with by way of a fixed penalty to avoid
court appearance.