Director of Public Prosecutions v Barreto

Criminal law – Driving offences. Using a hand-held mobile telephone or device for the purposes of s 41D of the Road Traffic Act 1988 and reg 110 of the Road Vehicles (Construction and Use) Regulations 1986, SI 1986/1078, was restricted only to the use of an interactive communication function. Accordingly, the Divisional Court held that the Crown Court had been correct to conclude that the respondent's conduct, in filming an accident scene as he drove past it using the camera on his mobile phone, had not amounted to 'using' a hand-held mobile telephone or device for the purposes of s 41D and reg 110.

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