The Law on Mobile Phone Use While Driving
It is illegal in the UK to hold and use a mobile phone, sat nav, tablet, or any device that can send or receive data while driving, riding a motorcycle, or even if you are stationary in traffic or at traffic lights. This includes making calls, texting, taking photos or videos, browsing the internet, scrolling social media, and using music or streaming apps.
The law applies equally to everyone, including new drivers and those supervising learner drivers. You cannot hold a device in your hand for any reason, even if it’s offline, in flight mode, or you are stopped with the engine running. The only exceptions are calling 999 in a genuine emergency when it is not safe to stop, making a contactless payment while stationary, or using your device to park your vehicle remotely.
Hands-Free Devices
Hands-free devices, such as Bluetooth headsets, voice command systems, dashboard holders, and windscreen mounts, are permitted. However, if the police believe you are distracted and not in full control of the vehicle, even when using hands-free technology, you can still be prosecuted for failing to have proper control or a full view of the road.
Penalties for Mobile Phone Offences Whilst Driving
The penalties for using a handheld mobile phone while driving are strict:
- Fixed Penalty Notice: Up to a £200 fine and 6 penalty points.
- New Drivers: Licence revoked if you receive 6 points within 2 years of passing your test.
- Experienced Drivers: Lose your licence if you reach 12 penalty points within 3 years.
- Court Proceedings where drivers have been caught more than once: Risk a fine up to £1,000 (or £2,500 for bus/lorry drivers), a driving ban, and even possible imprisonment if your actions cause a serious accident.
If caught using a phone and involved in a fatal collision, you could be charged with causing death by dangerous or careless driving, carrying a maximum penalty of life imprisonment.
How Lewis Nedas Solicitors Can Help
When you’re facing a charge for a mobile phone offence, the consequences can affect your job, insurance, and personal freedom. Seeking legal help early is crucial:
Expert Case Review: Our solicitors examine the evidence, including officer statements, dashcam footage, and phone records. We look for flaws or inconsistencies in the prosecution’s case.
- Defence Strategies: We have successfully defended clients by showing mistaken identity, lack of evidence, or that the device was not being used.
- Negotiating Reduced Penalties: Where appropriate, we negotiate for alternative outcomes, such as driver retraining courses, reduced penalties, or defending you in court.
- Experienced Representation: Our team knows how to challenge unreliable testimony and seek the best possible result.
- Support Every Step of the Way: From initial advice to court hearings, we keep you updated and ready for what comes next.
Our road traffic offence specialists have a proven track record of defending all types of motoring offences, including mobile phone offences, across London and surrounding areas.
Common Defences for Mobile Phone Offences
Lewis Nedas solicitors can help you if:
- The device was not in use (e.g., simply holding it and not using it).
- You were using hands-free only.
- There is insufficient or unreliable evidence.
- You were making an emergency call in circumstances where it was unsafe to stop.
- The incident involves genuine mistaken identity or confusion over who was using the device.
We help you gather and present evidence, such as phone logs, witness statements, and dashcam footage where appropriate.
Frequently Asked Questions
What counts as ‘using’ a mobile phone while driving?
Using includes holding and using a device for calls, texting, taking photos, video, internet, social media, and even manipulating sat nav apps. The law covers use even if you are stationary in traffic.
Is it legal to use a mobile phone hands-free while driving?
It is legal to use hands-free devices like Bluetooth or voice control, but you must not touch or hold your phone at any time. Police can still prosecute you if they think you’re distracted.
What happens if I’m caught using my mobile at traffic lights or in a traffic jam?
You can still be prosecuted. The ban covers using a phone, even if the car is not moving but the engine is on, such as at traffic lights or in queues.
Will I lose my licence if I’m a new driver?
Yes. If you get six or more points within two years of passing your test, your licence will be revoked. For many, just one mobile offence is enough to trigger this.
Can I use my phone for emergency calls while driving?
You can call 999 or 112 in a genuine emergency if it is unsafe to stop, but this is the only exception.
Can the police check my phone records if I’m accused?
Police can request access to phone records to support prosecution. These records may show whether calls or texts were being made at the time alleged.
What defence do I have if I wasn’t using the phone?
You can challenge the accusation if you were not actively using the device, or if there is a lack of reliable evidence, our specialist team can review your case and advise on the strongest defence.
Speak to Lewis Nedas – London Driving Offence Solicitors
If you are facing a mobile phone offence accusation, don’t risk your licence or your livelihood. Our team is ready to defend your case, challenge the evidence, and protect your driving future.
Contact Lewis Nedas Law’s mobile phone driving offence solicitors today on 020 4572 1973 or complete the online enquiry form for prompt advice and robust representation. Get peace of mind and the best chance at keeping your licence and your record clear.
