Following the decision of the High Court in Director of Public Prosecutions v Barreto, the law surrounding using a mobile phone whilst driving is set to get stricter. Under proposed changes, motorists are set to be penalised for any use of their mobile phones whilst driving. These proposed changes will override previous legislation which was difficult to interpret as the wording “interactive communication” meant it was not strictly applicable for drivers who took pictures, videos or used apps whilst driving. Therefore, the new legislation aims to encapsulate modern technology within the scope of driving offences and a driver caught using a hand-held device for any purpose will receive a fixed penalty sentence of £200 and six points on their driving licence. The proposal to illegalise picking up your mobile phone whilst driving is likely to roll out in early 2021 following a 12-week public consultation. However, until then, the Crown still has to prove “interactive communication” beyond a reasonable doubt.

How we can help you

Bringing more than 20 years of experience, Mike Walsh has an impressive track record of advocating to the court and protecting his client’s licences and is known as a ‘go to’ solicitor for road traffic offences.

He frequently deals with and specialises in road traffic and motor-related offences and can present a fair and reasoned argument to the court with a view to preventing clients from losing their licences. This area of law can be confusing and requires both expertise and experience to win your case. Mike has the skills to effectively walk you through this process from start to finish by applying years of experience to a variety of situations. He is known for his ability to successfully persuade the court to give a fair and appropriate sentence for our clients whether it be protection from a prison sentence or keeping your driving licence.

If a road traffic offence is alleged against you and you want an experienced solicitor aiding your case, find Mike’s contact details below.

Recent cases:

• Successfully appealed a driving disqualification for an 85 year old man on the grounds that the disqualification would cause extreme isolation and hardship for the client.
• Successfully argued exceptional hardship for a client whose daughter would be detrimentally impacted if the client were to lose their licence.

What our clients say:

• “Mike Walsh recently advised and represented me on quite a complex motoring issue. It is not something I would have navigated myself and I was very grateful for Mike’s professionalism and representation. He persuaded the court to set aside an offence and consider a lesser offence instead, which was not an easy negotiation, but this meant I got to keep my driving licence which was a huge relief. I would not hesitate to recommend Mike Walsh if you do have any motoring matters to deal with.”

“Recently dealt with Mike Walsh at Henry Hyams and found him to be very professional. He dealt with a fairly complex matter for me and obtained a great outcome. I would recommend Mike.”