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Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
Thank you for your patience, I am sorry to hear about it. I cannot tell you how to plead (or how your mother should plead to be precise) but I can clarify what the law states so you can then decide what you what to do. If you are after a legal advice – you have to instruct a lawyer outside of this platform, we cannot do it here.
The law makes it very clear. You must stay in full control of your vehicle at all times. The police can stop you if they have grounds to believe you’re not in control because you’re distracted.
This is still the case if you’re stopped at traffic lights or queuing in traffic. You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. If your mother pleads not guilty and the police proves that she was "using" the phone - then she will be found guilty and sentenced.
If she was to be found guilty she is facing to be banned from driving and can get a maximum fine of £1,000.
If your mother argues successfully that she was not using the phone - then she may have a chance to win, but to explore this avenue I strongly suggest instructing a solicitor outside of this platform. The site rules do not allow us to help beyond this point.
I trust this is helpful in any event. Feel free to come back with any related questions. I will help to the extent I can!