Driver holding the steering wheel while texting on a smartphone.

Mobile Phone Use Whilst Driving

Using a mobile phone while driving is a serious offence carrying strict penalties and potential consequences for your driving licence. Our team of specialist lawyers is highly experienced in defending clients against allegations of mobile phone use and other road traffic offences.

What Types of Mobile Phone Use Offence Are There?

There are three main offences related to mobile phone use while driving:

Using a hand-held mobile phone while driving or riding a motorcycle.
Causing or permitting the use of a mobile phone by the driver of a vehicle.
Supervising a provisional licence holder while using a mobile phone.

It is illegal to use a hand-held mobile phone or similar communication device while driving. This includes:

Making calls or sending messages.
Using navigation or mapping apps unless the phone is securely mounted on the dashboard or windscreen and fully set up before the journey.
Holding the phone for any reason, even momentarily.

Hands-free devices are permitted, but they must be fully operable without the driver needing to touch the phone. Devices requiring manual operation, even briefly, are not legal and could lead to prosecution.

It is important to note that using a phone while stationary in traffic or at traffic lights is also illegal. The vehicle must be safely parked before using a handheld device.

If mobile phone use contributes to an accident, you could face more severe charges, such as Careless Driving or Dangerous Driving, which carry harsher penalties, including the possibility of imprisonment.

Many drivers are unaware of how strictly the law is enforced, including:

Using phones as sat navs: The phone must be mounted and not held at any point during the journey.
Traffic stops: Waiting in traffic or at lights does not count as being safely parked.

What Are Defences to Mobile Phone Use Charges?

DJMS’ experienced team of motor offence lawyers have successfully defended numerous clients by challenging the evidence against them. Common defences include:

Mistaken identity: Witnesses, including police officers, may be mistaken about what they observed.
Lack of sufficient evidence: The prosecution must prove beyond reasonable doubt that the device was being used illegally.

How DJMS Solicitors Can Help

If you have been accused of using a mobile phone while driving, don’t delay - get in touch. Our solicitors are available 24/7 to provide immediate advice and representation. We will meticulously review your case, challenge the evidence, and explore all possible defences to achieve the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.