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  • Using A Mobile Phone While Driving

Using A Mobile Phone While Driving

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It can be easy to get distracted by your mobile, but doing so while driving is a criminal offence that comes with severe penalties. If you’ve been accused of using a mobile phone while driving, we’re here to help.

This time will be stressful for you, especially if your work involves driving. By contacting our team, you’ll have an expert working on your case.

Whether you wish to plead guilty or not guilty, our team will be by your side to help. We’ll advise you in full on all your options and work towards achieving the best outcome for you.

We won’t confuse you with legal jargon. Our lawyers avoid using language that only those in the legal world understand. We’ll speak to you in plain English to make sure you’re informed and certain throughout our time working with you.

Why choose Irwin Mitchell?

We’ll be reassuring and considerate when working with you during this tough time, while working to get you the best outcome no matter what your decision is.

With offices around the UK, we’re able to work flexibly to your needs. We can meet at your local Irwin Mitchell office or organise video and phone calls. Whatever your preference, we’ll adapt to you.

Philip Somarakis, the team's lead, has over 25 years’ experience in the motoring offences industry. He’s recognised as a leader in the industry and has passed his knowledge on to his talented team.

Leading legal experts
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Loren Hills Associate Chartered Legal Executive Meet the team

Using Mobile Phone While Driving - More Information

The laws around using a mobile phone while driving 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.

The law also covers the use of any interactive communication device held in the hand whilst driving. This could be:

  • A laptop
  • A tablet
  • An iPad
  • Other handheld computers.

You can be charged with driving whilst using a mobile phone for the following uses:

  • Illuminating the screen
  • Checking the time
  • Checking notifications
  • Unlocking the device
  • Making, receiving, or rejecting a telephone or internet-based call
  • Sending, receiving or uploading oral or written content
  • Sending, receiving or uploading a photo or video;
  • Utilising camera, video or sound recording functionality,
  • Drafting any text
  • Accessing any stored data such as documents, books, audio files, photos, videos, playlists, notes or messages
  • Accessing an application
  • Accessing the internet.

Virtually all mobile phone use whilst driving has been banned but there are exceptions and cases are open to be challenged. We’ll review your case and advise you on the strength of the evidence against you. The Prosecution are required to prove all the elements of the offence and if they can’t do this, your case is open to challenge.

You might believe the officer is mistaken, and you weren’t using your phone. It’s best to contact us, and we can discuss your situation and create an action plan for your case.

A Fixed Penalty for using a mobile phone whilst driving is six penalty points and a fine of £200.

If you challenge the case and you’re found guilty, you’ll receive six penalty points, and you’ll be fined 25-75% of your weekly income.

If you’re a new driver, having passed your test less than two years ago, six penalty points will cause your licence to be cancelled. You’ll be required to retake your theory and practical driving tests.

If you’re an experienced driver with six or more penalty points on your licence already, six more points will cause you to be at risk of a six-month minimum disqualification.

We’ll review all the documentation in respect of your case and take your full instructions on what happened. We’ll advise your options, including whether we can negotiate a guilty plea to a lesser charge which carries three penalty points instead of six penalty points.

Please contact us today for advice. Our experts may be able to save your licence.

 

Frequently Asked Questions

Is it illegal to use a hands-free device while driving?

It’s not illegal to use a phone via a hands-free device. This includes:

  • A Bluetooth headset
  • Voice command
  • A dashboard holder.

However, you must not touch or hold the phone whilst driving.

Can I use my mobile phone while my car is stopped?

If you’re parked up, safely and legally, you can use your phone.

You should never use your phone while stopped in situations like a red traffic light or while in traffic. You’ll still be classed as driving.

Can I use my phone as a sat nav while driving?

Yes, it’s fine to use your phone as a sat nav while driving.

But if the phone obstructs your view, you touch or hold your phone, you’re committing an offence.

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