Personal

Using a mobile phone whilst driving offence

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At Forbes Solicitors, our motoring offence team have extensive experience in defending individuals facing prosecution for using their mobile phone whilst driving. Our solicitors will represent you to ensure you receive the best possible outcome and if you enter a guilty plea, we can help you to receive a more lenient sentence.

Using your mobile phone or any other electronic device whilst behind the wheel is against the law. If you are caught using your mobile phone behind the wheel, you could face severe penalties, so it is important to seek legal advice at an early stage.

Although it is legal to use a device hands-free to answer or make calls, if you have an accident and it is proven you were driving carelessly whilst using a hands-free device, you could still face prosecution for dangerous or careless driving.

We will do a full investigation into the circumstances surrounding the events. We may need to access your mobile phone to look at message and call records which may help support your case and prove you were not using your mobile phone at the time stated.

For advice contact our expert road traffic offence solicitors on 01772 220 022 or complete our online enquiry form.

Penalties for using a mobile phone while driving

If you're caught using a mobile phone whilst driving, you will receive six penalty point endorsements onto your driving licence. This means that if you are caught using your phone on more the two occasions within a three-year period, you could be facing a totting up disqualification and the prospect of losing your licence.

For newly qualified drivers, if you're caught on your mobile just the once, you risk having your licence revoked and will be required to re-test to get your licence returned.

Drivers caught using a mobile device will also receive a fine of up to £200, if dealt with by fixed penalty.

If you are caught on more than one occasion using your phone whilst driving a vehicle, the penalties will be much more severe, and you could be facing a fine of £1,000 and a six-month driving ban.

HGV drivers face much tougher penalties as the danger is a lot greater being in charge of such a large heavy vehicle. HGV drivers could face fines of up to £2,500 and a driving ban.

If an accident has been caused as a result of a person being distracted by a mobile device, penalties will also be much more severe, especially in a fatal collision.

If you are facing prosecution for driving whilst using a mobile phone, contact our expert road traffic offence solicitors on 01772 220 022 or complete the online enquiry form.

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FAQs

Is using a mobile phone whilst driving a criminal offence?
 
 

Yes. It is illegal to use your mobile phone or any other mobile device whilst driving a vehicle.

Our motoring offence lawyers have extensive experience in representing clients who are facing prosecution for use of a mobile phone while driving. We will look at the case, examine the facts and develop a strong argument which could lead to a more lenient sentence. Speak to a motoring offence lawyer on 01772 220 022.

What are the penalties for using a mobile phone whilst driving?
 
 

If you are caught using a mobile device whilst driving, you will be fined a fixed penalty of £200 and will receive six penalty points on your driving licence.

Effectively this means that if you are a new driver and within the first two years of driving are caught using a mobile device, you will have your licence revoked as a result of a six-month penalty endorsement.

For more experienced drivers, you only need to be caught twice on a mobile device and you'll be facing the prospect of losing your licence.

If you are facing prosecution for driving whilst using a mobile phone, contact our expert road traffic offence solicitors on 01772 220 022.

Can I use my mobile phone whilst parked?
 
 

If you are parked in a safe place and the roadside, providing you are parked legally, it isn't an offence to use your phone in your vehicle whilst parked up.

It is an offence however to use your mobile phone whilst the engine is running, sat waiting in traffic or at traffic lights. You will only be exempt should you make an emergency phone call if it is not safe to stop.

For more information contact our expert road traffic offence solicitors on 01772 220 022 or send us an email.

Can I use my phone sat nav whilst driving?
 
 

No. The law states it is illegal to use a handheld mobile to follow a map. If you need to use a mobile device to plan a route, make sure it is set up on the windscreen or the dashboard in clear view before setting off on the journey. However, there is much case law regarding what amounts to a mobile phone which we can assist you with.

Case law includes defendants who have used a phone to take pictures or even to record speech.

For more information contact our expert road traffic offence solicitors on 01772 220 022 or send us an email.

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Our dedicated Motoring Offences team

David Scully

David Scully

Senior Associate

Crime

PinPreston

Call07976 255000

Gareth Price

Gareth Price

Partner

Crime

PinBlackburn

Call07976 272000

Simon Gretton

Simon Gretton

Partner

Crime

PinPreston

Call01257 260600

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Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed