Using a Mobile Phone While Driving

In the UK, it is against the law to hold and use a mobile phone, sat nav, tablet, or any data-transmitting device while driving or riding a motorcycle.

If found guilty of using a mobile phone while driving, you’ll receive a CU80 offence for failing to maintain proper vehicle control. This results in a £200 fine and six penalty points on your driving licence.

At Moeen & Co. Solicitors, our motoring offence solicitors assist clients accused of using a phone while driving in challenging penalties and defending their licences.

Caught using a mobile phone while driving? Call our motoring offence solicitor at 0203 959 7755 for expert legal advice and a strong defence.

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Is it illegal to use a mobile phone while driving in the UK?

Yes, under Section 41D of the Road Traffic Act 1988, it's illegal to hold and use a mobile phone while driving or riding a motorcycle in the UK.

A driver can be penalised for using their mobile phone if they are:

• Holding the phone to make a call or send a message
• Texting or typing on the phone
• Using social media apps or browsing the internet
• Watching videos or using any other function that requires handling the phone

Can you use my phone at traffic lights or in traffic jams?

No, you cannot use your phone while stopped at traffic lights or in a traffic jam. The law is strict, even when:

• Stopped at traffic lights
• Stuck in traffic
• Supervising a learner driver
• Driving a vehicle with an automatic stop-start function

You can only use your phone when parked safely.

Using devices hands-free

It is legal to use hands-free devices while driving, but you must not hold them at any time. Hands-free access includes:

• Bluetooth headsets
• Voice control
• Dashboard holders or mounts
• Windscreen mounts
• Built-in sat nav

The device must not obstruct your view. You must always be in control of your vehicle.

Are there any exceptions to the rule?

Yes, you can use a mobile phone if:

• You are calling 999 or 112 in an emergency and stopping is unsafe or impractical.
• You are safely parked with the engine switched off.
• You are making a contactless payment in a stationary vehicle (e.g., at a drive-through).
• You are using the device to park remotely.

Penalties for using a mobile phone while driving

The penalty was previously £100 with 3 points, but it has now increased to £200 fine and 6 points due to the high risk of accidents caused by mobile phone use.

If caught using a mobile phone while driving, you can receive:

• A £200 fine
• 6 penalty points on your driving licence
• Immediate licence revocation, if you’ve passed your driving test within the last 2 years.

If you are taken to court, the consequences could include:

• A driving or riding ban
• A maximum fine of £1,000 (£2,500 if driving a lorry or bus).

At Moeen & Co. Solicitors, our specialist motoring offence team in London can help defend your case and reduce penalties.

Penalties for new drivers

New drivers who passed their test in the last two years will get 6 penalty points and lose their driving licence if caught using a mobile phone while driving.

Under the New Driver Act 1995, even minor infractions can result in serious consequences, including an immediate licence revocation. You will need to retake your theory and practical driving tests to regain your licence.

What if you cause an accident while using my phone?

If you cause an accident while using your phone, you could be charged with careless driving or dangerous driving. These carry harsher penalties, including higher fines, driving bans, and even imprisonment.

If you’ve been involved in an accident due to phone use, your licence is at risk. Call our motoring offence solicitor at 0203 959 7755 for expert defence.

Possible defences for using a mobile phone while driving

There are several legal defences for a mobile phone offence charge, including:

• Emergency Use: Calling 999 or 112 when stopping is unsafe or impractical.
• Not Holding the Device: Proving the phone was in a holder or hands-free setup.
• Lack of Evidence: Challenging insufficient or unclear evidence from police.
• Device Was Not in Use: Showing the phone was not being operated at the time.
• Mistaken Identity: Arguing that the officer misidentified the driver or device.
• Incorrect Police Procedure: Highlighting errors in how the offence was recorded.

If charged, consulting with a motoring offence solicitor can help assess the strength of these defences and assist in challenging the charge.

How can you avoid the penalty for using a mobile phone while driving?

To avoid penalties, don't use your phone while driving. Here are some tips to stay safe and legal:

• Use Hands-Free Technology
• Enable 'Do Not Disturb' Mode
• Pull Over if You Need to Use Your Phone
• Set Navigation Before You Start Driving

Use Hands-Free Technology

Many cars have Bluetooth, or you can use a hands-free device for calls and voice commands.

Enable 'Do Not Disturb' Mode

Most phones have a 'Do Not Disturb' feature. It silences notifications while you drive, helping you resist the urge to check your phone.

Pull Over if You Need to Use Your Phone

If you must use your phone, pull over and stop before doing so. This keeps you and others safe.

Set Navigation Before You Start Driving

If you use your phone for navigation, set your route before driving. Avoid touching your phone while driving.

What to do if you are facing a mobile phone driving charge

If you're accused of using a mobile phone while driving, follow these steps:

• Do not admit fault immediately
• Gather evidence
• Seek legal advice immediately
• Prepare for Court (if necessary)

Do not admit fault immediately

Anything you say can be used against you. Wait to speak with a solicitor before making any statements.

Gather evidence

Collect evidence to support your case, like dashcam footage, witness statements, or phone records.

Seek legal advice immediately

Contact our experienced motoring offence solicitor in London at 0203 959 7755. We can assess your case and advise on your legal options.

Prepare for court (if necessary)

If your case goes to court, our motoring offence solicitor will help you prepare. We will represent you during the proceedings.

Facing charges for using a mobile phone while driving? Contact our motoring offence solicitor in London by calling 0203 959 7755 for legal advice.

Why choose a specialist motoring defence solicitor?

Choosing the right motoring offence solicitor is important to strengthen the defence and assist in challenging the charge.

Our specialist motoring offence solicitor brings:

• Expert knowledge of UK driving laws and legal loopholes
• Experience in defending mobile phone driving offences
• Proven track record of reducing penalties and securing acquittals
• Strong negotiation skills to challenge charges or seek lesser penalties

Working with an experienced defence solicitor boosts your chances. It helps avoid severe consequences and protects your driving licence.

Contact motoring offence solicitors

If you’ve been caught using a mobile phone while driving, contact our specialist motoring offence solicitor in Hayes, London at 0203 959 7755 for expert advice.