Many motorists facing a mobile phone driving conviction are unaware that it is possible to make an appeal.
Drivers can appeal an offence issued through a Fixed Penalty Notice (FPN) by rejecting the conditional offer. This requires returning the paperwork to show that they want a hearing, escalating the case directly to a Magistrates’ Court. Motorists who are convicted in court can also lodge an appeal within 21 days and have the Crown Court hear their case.
Valid grounds for appeal
To make an appeal, motorists facing a conviction must prove they were not committing the driving offence and there are several valid defences to choose from.
Proving that the mobile device was not being used in interactive communication is a common defence. Examples include when a phone was held in a cradle, or the motorist was just using it to make a payment at a drive-thru service.
Genuine emergencies are also suitable, when a phone is used to dial emergency services numbers at points on the road where it was impractical or unsafe to pull over.
Using a mobile phone while on private land (as motoring law applies to public roads) or when a vehicle is stationary, with the engine off and safely parked are valid.
Another defence is when a driver has been wrongfully identified by an eyewitness or traffic camera, or another individual was driving the vehicle.
Important points to consider
While drivers are entitled to appeal convictions, UK law has rigid minimum fixed penalties for mobile phone use while motoring (typically six points on a driver’s licence and a fine of £200), which court hearings cannot reduce.
Drivers who choose to reject a Fixed Penalty Notice and lose in court usually find that court costs and the fine they face are far higher than the conditional offer in the FPN.
For assistance with mobile phone driving offences, you can rely on our expert team. For immediate initial advice, contact us now at Auriga Advocates.