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
- Dangerous driving – although using a mobile can be a factor in dangerous driving
- Careless driving – sometimes charged if there are aggravating features
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.
- Assessing the evidence
- Advising whether to attend a police interview
- Persuading the police not to charge
- 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
- Legal advice for a police interview
- Taking a case to trial in the Magistrates’ Court
- Special reasons not to disqualify or give penalty points
- Avoiding a driving ban for 12 penalty points (or more)
- How I can help with a guilty plea in the Magistrates’ Court
- Appeals to the Crown Court against conviction and sentence
- Second opinions
- Great value fixed fees
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.