Friday, 11 April 2008

DRIVING ON A MOBILE PHONE

Drivers face up to 2 years in prison for driving whilst using a mobile phone. All drivers should be aware that they could now face up to two years in prison as a result of using a mobile phone whilst driving according to Steve Gelsthorpe, partner of criminal and business defence specialists Cartwright King and a member of the firm’s specialist road traffic unit.

This latest development comes in response to new guidelines issued by the Crown Prosecution Service which increases the level of seriousness of such an offence from “driving without due care and attention” to “dangerous driving”. As a result if a person is found guilty, they could face up to 2 years in prison if convicted in the Crown Court as well as having to take a compulsory extended driving test at the end of a mandatory driving ban of at least 12 months.

“It is clear that the Government is raising the stakes significantly” said Simon Chaplin, Partner. “Whilst in many cases we believe that a charge of careless driving will be appropriate it is clear that in serious cases where there is personal injury or damage and disruption to other road users the police are going to be encouraged to charge dangerous driving

The new guidelines have been brought in as the current sanctions that are in place for driving whilst using mobile phones do not appear to have had the desired effect of deterring people from driving whilst using a phone. This is despite the fact that, according to research, having a phone conversation whilst driving can be particularly dangerous with such drivers more distracted than those that have drunk as much as the legal limit.

“The police are keen to clamp down on this practice and I am sure we will see more prosecutions,” said Simon Chaplin. “Drivers need to be very careful as they face a much a greater risk of losing their licence or worse still now, prison.”