A London builder (‘the builder’), who had previously successfully appealed to the Crown Court to have a Magistrates’ Court decision convicting him of using a mobile phone whilst driving and had his conviction overturned, has seen an attempt by the Director of Prosecutions (‘the DPP’) to overturn that Crown Court decision fail before the High Court.

Suki Randhawa of Kangs Solicitors reports upon this ‘grey area’ which has resulted.

The Circumstances | Kangs Careless Driving Defence Solicitors

The builder, whilst driving past a serious road traffic collision, used his mobile phone to film the scene of the accident. 

The Police charged him with breaching Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicle (Construction and Use) Regulations 1986 and he was convicted at the Magistrates’ Court.

The builder successfully appealed the conviction at Isleworth Crown Court in 2018 which led to the DPP seeking to reverse that decision at the High Court.

The High Court Ruling | Kangs Dangerous Driving Defence Solicitors 

The DPP was unsuccessful as the result of the High Court finding that the legislation does not prohibit every use of a mobile phone held whilst driving. 

However, the law does prohibit the use of a mobile phone or other device for calls and other interactive communication and holding it during that process, whilst driving.

Interactive communication functions include sending or receiving:

  1. oral or written messages.
  2. facsimile documents.
  3. still or moving images.
  4. access to the internet.

The Judges commented:

‘it should not be thought that this is a green light for people to make films as they drive.  Driving whilst filming events or taking photographs whether with a separate camera or with a camera on a phone, may be cogent evidence of careless driving, and possibly of dangerous driving…’

How Can Kangs Solicitors Help You? | Kangs National Driving Offences Defence  Solicitors

Kangs Solicitors has an established team with proven national success in defending motoring cases from our offices in Birmingham, London and Manchester.

Who Can I Contact For Help? | Kangs Solicitors For Driving Offences

Please feel free to contact our team through any of our solicitors named below who will be happy to offer you expert advice.

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 07989 521210 (24hr Emergency Number)

Aman Murria
amurria@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396