Loren Hills
Associate Chartered Legal Executive
Using A Mobile Phone While Driving
Using a mobile phone while driving is a serious criminal offence. The law surrounding this area has tightened significantly in recent years, and penalties can be severe - especially for new drivers or those who already have points on their licence.
If you have been accused of driving while using a mobile phone, our specialist motoring law lawyers can help.
Understanding the law on mobile phone use while driving
The law prohibits any use of a handheld mobile phone or similar interactive device while driving. This applies to far more than simply making or receiving calls.
Actions that can lead to prosecution include:
- Illuminating the screen
- Checking the time or notifications
- Unlocking the device
- Making, receiving, or rejecting calls
- Sending, receiving, or uploading messages, photos, videos, or content
- Using the camera, video or sound recording functions
- Accessing apps, stored data, playlists, notes, or the internet.
The ban also covers handheld use of devices such as laptops, tablets, iPads, and any interactive communication equipment
Importantly, the ban applies even when the vehicle is stationary but still “driving” in the eyes of the law - for example, while stopped at traffic lights or in slow-moving traffic. You may only use your phone if you are safely parked.
The laws around using a mobile phone while driving also go further than if the driver is using their phone.
There are three offences that are covered:
- The use of a mobile phone by the driver
- Causing or permitting the use of a phone by the driver
- Supervising a provisional licence holder while using a mobile phone.
Why choose us?
Our support includes reviewing all evidence and documentation, taking your full instructions on what happened, advising you on your legal options, exploring potential defences, and representing you in negotiations or in court.
We will assess the strength of the case against you, explain all your options in full, and work to achieve the best possible outcome. Whether you intend to plead guilty or not guilty, our team will be by your side throughout.
We avoid legal jargon and speak in plain English, so you always feel informed and confident. We’ll be reassuring and considerate during what can be a difficult and stressful time, while focusing on protecting your licence wherever possible.
With offices across the UK, we work flexibly to suit your needs - whether that’s meeting in person or arranging appointments by phone or video call.
Defences to a mobile phone offence
Although the law is strict, certain cases can be challenged.
- The prosecution must prove every element of the offence
- You may dispute the officer’s account if you believe they were mistaken
- Exceptions exist, and not all mobile-related interactions amount to an offence.
We will review the evidence, advise on the strength of the case, and determine your best defence strategy.
Speak to our expert
We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.
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Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
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0370 1500 100
Penalties for using a mobile phone while driving
Penalties for using a mobile phone while driving can be severe.
A Fixed Penalty Notice carries six penalty points and a £200 fine.
If the case goes to court and you are convicted, you will still receive six penalty points, and the fine can increase to up to £1,000, with higher amounts applying to certain vehicle types.
The consequences can be even more significant depending on your driving status:
- New drivers will face automatic licence revocation after receiving six points, requiring them to retake both the theory and practical tests
- Experienced drivers who already have six or more points risk triggering a minimum six-month disqualification under the totting up rules.
In some cases, we can advise on the possibility of negotiating a guilty plea to a lesser offence carrying three penalty points instead of six.
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