Mobile Phone Driving Offences

Penalties for Using a Mobile Phone While Driving

We know that understanding the penalties is one of the first things on your mind, so here is a clear breakdown. If you accept a Fixed Penalty Notice, you will receive a fine of £200 and six penalty points on your licence. If the case goes to court, the maximum fine increases to £1,000 for car drivers (or £2,500 for lorry and bus drivers) and the court can also impose a disqualification from driving.

For new drivers who passed their driving test within the last two years, a single mobile phone offence is enough to trigger automatic revocation of the driving licence. Six penalty points on your licence as a new driver means you lose your licence entirely and must retake both parts of the test.

For experienced drivers, accumulating 12 or more penalty points within three years will result in a totting up disqualification of at least six months. Even if you avoid a ban, a road traffic conviction for mobile phone use will increase your insurance premiums for years. Research shows that a driver using a handheld phone is four times more likely to be involved in an accident, which is why the courts treat these traffic offences seriously and repeat offender penalties are increasingly harsh.

We appreciate that all of this can sound overwhelming. That is exactly why we are here. Our solicitors will talk you through what applies in your specific situation and give you an honest assessment of where you stand, with no pressure to make any decisions straight away.

Hands-Free Phone Use and Mobile Phone Use in Vehicles

Hands-free use of mobile phones is not prohibited under current mobile phone driving laws. You can legally use hands-free devices such as a dashboard-mounted phone holder, bluetooth earpiece or built-in hands-free systems to make and receive calls using voice commands whilst driving. However, even hands-free phone use can lead to prosecution if the police believe you were not in proper control of your vehicle or that the usage caused distracted driving that put other road users at risk.

The key rule is that you must not hold the phone at any point. If you touch the screen to check a message, dismiss a notification or change a setting, you commit an offence. If you use your phone as a sat nav, it must be securely mounted in a holder and set up before you begin driving. You should park safely before making any changes.

Defences We Use to Defend Mobile Phone Driving Offences

Many people assume that if they have been caught using a mobile phone while driving, there is nothing they can do. That is not always the case. Our solicitors defend drivers accused of using mobile phones while driving using a range of proven strategies, and the right defence depends on the specific facts of your case.

Challenging the evidence is often the most effective approach. The police typically rely on the officer’s visual observation, but officers can be mistaken. We examine witness statements, body-worn camera footage and phone records to establish whether you were actually using your mobile phone at the time alleged. If the evidence does not clearly show phone use, we may have grounds to have the charge dismissed.

Other defences include demonstrating that you were safely parked when you used the phone, that you were making an emergency 999 call and it was not safe or practicable to stop, that the device was not a phone or interactive communication device, or that you were not the driver. In some cases where the evidence is strong, our solicitors can negotiate a basis of plea to a lesser offence of not being in proper control of the vehicle, which carries three penalty points rather than six.

Distracted driving is risky to challenge without expert representation, but many of these cases are won on procedural failings and weak evidence. We will be upfront with you about whether your case has a realistic prospect of success. We would never encourage you to challenge a charge unless we believed there was a genuine chance of a better outcome.