Using a Mobile Phone Whilst Driving

Also Known As

  • Driving with a handheld mobile device
  • Driving with a cellphone
  • Not having proper control of a vehicle

Not to be confused with

Penalties for Using a Mobile Phone Whilst Driving

The police can offer a fixed penalty of 6 penalty points and £200.

The magistrates’ court will impose:

  • Fine up to £1,000 and
  • 6 penalty points or an unlimited driving disqualification

Before 1/3/2017 the police could offer a driver improvement course or a fixed penaly of 3 points and £100. The law has now changed; driver improvement courses are no longer available and the fixed penalty has increased to 6 points and £200.

Where Will the Case Be Heard?

Cases of driving with a mobile phone are heard in the magistrates’ court. They cannot be dealt with by a Crown Court unless the case goes to appeal.

Points to prove

To prove a case of driving whilst using a mobile phone against a driver the police or the prosecutor have to prove all of the following things. If they can’t prove all of them then the driver is not guilty.

  • The accused was driving a vehicle
  • The accused was driving on a road or a public place
  • The driver was using a hand held mobile phone (the legal definition is a device for performing an interactive communication function)

How I defend driving whilst using a mobile phone

Every case is different but here are some of the ways I defend cases.

Police investigation

  • Assessing the evidence
  • Advising whether to attend a police interview
  • Persuading the police not to charge

Court case

  • Do the prosecution have enough evidence to prove their case?
  • Should the witnesses by cross-examined to test their evidence?
  • Is it in the public interest to prosecute?

Find Out More

Not Sure if You Need Legal Representation for Driving Whilst Using a Mobile Phone?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

Photo Traffic and Rain by Jonathan Kos-Read / CC BY