Is Just Holding A Mobile Phone Whilst Driving Illegal?

Tuesday, 2. December 2008

Most of us are aware that talking on a hand held mobile phone whilst driving is illegal as is sending text messages but a district judge ruling in a recent case took the issue of using a mobile phone whilst driving one step further when a driver was caught switching off the alarm on his phone. The judge ruled that the act of switching off the alarm on the phone constituted ‘using the phone’ when a policeman saw the driver with his hand and thumb running across the keyboard. The judge ruled that it didn’t matter what the driver was doing because any use of the phone constituted ‘using’ it. Whilst solicitors Blake Lapthorn said that this ruling was not binding on other courts it certainly gives food for thought. If the judge is correct this means that drivers using other mobile devices could be prosecuted for plugging in say an MP3 player or using the functions on any other mobile device. How long before you have to stop the car to change radio stations or alter the temperature on the heater controls? By Graham Hill