Using a Mobile Phone

Using a Mobile Phone

Use of a mobile phone, or other similar handheld devices, whilst driving is a criminal offence and the consequences can be severe. This offence carries penalty points, a fine or even disqualification depending upon the circumstances.

With Just Motor Law you have access to a specialist team of solicitors who will guide you through the complexities of the law. Our aim is simple; to establish a defence and save your driving licence.

Use of a mobile device whilst driving

A mobile phone offence is committed if you:

  • Use a mobile whilst driving;
  • Cause or permit a driver to use a mobile phone; or
  • Use a mobile phone whilst supervising a provisional driver.

To help ensure you don’t fall foul of the law and safely operate a vehicle, use a hands-free kit which doesn’t require you to pick up the handset in order to operate it. Remember the same laws apply to other handheld devices such as sat-navs, iPods, iPads or portable DVD players.

The definition of ‘using’ a mobile phone or other device includes holding the device at some point in order to:

  • Make or receive a phone call;
  • Perform any interactive function, including texting or reading a text; or
  • Use the internet or download images or music.

If found guilty of driving whilst using a mobile phone the penalties vary depending on the unique circumstances of your case.

Penalties can include:

  • A fine of up to £2,500 if driving a vehicle which holds eight or more people;
  • A fine of up to £1,000 if driving a car;
  • Three points on your licence or the Magistrates have the discretion to disqualify you from driving for up to 56 days;
  • If you already have nine points or more on your licence and receive three more, the Magistrates will consider disqualifying you for a minimum of six months unless there is a special reasons argument not to endorse your licence with penalty points or proof that exceptional hardship would be caused by the revoking of your licence;
  • If you have been driving for two years or less and have three points on your licence and you receive three more, then your licence would be revoked and you would have to retake your test.

Use of a mobile phone whilst driving could potentially expose you to other serious allegations such as Dangerous or Careless Driving.

What happens next?

Our team of motor law experts understand that not everyone is guilty of the offences for which they are accused and we pride ourselves on identifying where mistakes have occurred and preparing the strongest case possible to protect your driving licence.

There are a number of defences which can be explored depending upon the circumstances of the offence. For example, if you were using the mobile device to call the emergency services in response to a genuine emergency.

Errors can, and do, happen. The Police may have been mistaken in their observations and the driver was in fact holding another object. Simply holding a mobile phone whilst driving isn’t illegal. To be guilty of the offence you have to be deemed to be "using" it.

Just Motor Law are experts in presenting legal defences to mobile phone use whilst driving and have a proven track record of success representing clients throughout the UK.

It is important to remember that by seeking legal advice at the earliest opportunity you can help to ensure that any complexities and potential implications are effectively managed. Having access to expert advice can bring peace of mind at a time when you face uncertainty and concerns for what lies ahead.

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