How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72700
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I have been charged with driving while using a mobile phone.

This answer was rated:

I have been charged with driving while using a mobile phone. I have got records from my phone provider and a vehicle tracker report to prove that at that time i was not using my i need to get a solicitor as i am pleading not guilty.Regards Martin.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has anybody advised you of what 'using' means in law?
Customer: replied 3 years ago.
'Using' is very widely defined.
Your mobile phone company cannot say that you were not 'using'. All they can say is that you didn't make a call or send a text or, to a limited extent, access the internet at that time.
'Using' can mean receive a call, looking at a text or the internet to a lesser degree. The law only requires that a person 'use' any of the features of the phone. Even checking the weather is sufficient.
If you didn't do those things then you can contest this on that basis but you need to be aware that it isn't as simple as producing a phone bill.
In terms of representation, generally it is better to be represented as you will have to examine police officers but you won't get legal aid so you would have to pay privately. You have to balance cost against gain and decide what your wallet can stand.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Can i get a more detailed report from my phone provider.