Using a mobile phone while driving is one of the most common motoring offences dealt with by the courts. The law in this area has become increasingly strict and drivers can face significant penalties even where no accident has occurred. If you are accused of using a mobile phone behind the wheel, the consequences can extend beyond a financial penalty, potentially affecting your licence, insurance costs and ability to drive for work or family commitments.
Understanding the rules is essential to avoid finding yourself facing prosecution and the penalties that can follow.
What Is the Offence?
It is an offence to use a hand-held mobile phone while driving. The law covers a wide range of activities, including making or receiving calls, sending messages, browsing the internet, taking photographs, recording videos, scrolling through playlists, using social media or unlocking the device.
The rules apply to any hand-held device capable of sending or receiving data, not just mobile phones. This means other electronic devices may also fall within the scope of the offence.
Importantly, the offence can be committed even when a vehicle is stationary in traffic or waiting at traffic lights. If you are in control of the vehicle and using a hand-held phone, you may be prosecuted. The only time the vehicle is generally considered not to be in use is when it is safely parked with the engine switched off.
What Are the Penalties?
The standard penalty for using a mobile phone while driving is six penalty points and a financial penalty. For many drivers, this can have a significant impact on insurance premiums and future driving records.
For new drivers, the consequences can be even more severe. If you receive six penalty points within two years of passing your driving test, your licence may be revoked. This means you will need to apply for a new provisional licence and pass both the theory and practical driving tests again.
Even experienced drivers can face serious consequences if the additional points take them to 12 or more penalty points, potentially leading to a disqualification under the totting up rules.
Can the Case Go to Court
While many cases are dealt with by way of a fixed penalty, more serious cases can be referred to court. This may happen where there are aggravating features, such as poor driving, an accident or where the driver already has penalty points on their licence.
The court has the power to impose higher financial penalties and, in some circumstances, consider a disqualification from driving. Where the use of a mobile phone is linked to dangerous or careless driving, more serious charges may also be brought.
A court appearance is also more likely if the driver disputes the allegation or is unable to accept a fixed penalty due to their existing licence record.
How Do the Police Prove the Offence?
Mobile phone offences are commonly detected by police officers observing drivers using a device while on the road. Evidence may come from an officer’s observations, dashcam footage, roadside cameras or other forms of video evidence.
In some cases, the prosecution may rely on admissions made by the driver during a roadside stop. The court will consider all available evidence when deciding whether the offence has been proved.
Are There any Exceptions?
There are limited exceptions to the offence. For example, it is generally permitted to use a hand-held phone to call the emergency services if it is unsafe or impractical to stop and it is a genuine emergency.
There are also specific exceptions relating to contactless payments at drive-through facilities and certain uses when a vehicle is lawfully parked. Drivers may also use hands-free systems provided the device is not held at any point while driving.
However, these exceptions are narrow and drivers should be cautious about assuming that their use of a phone falls within them.
Why Legal Advice Matters
If you have been accused of using a mobile phone while driving, it is important to obtain legal advice. There may be issues regarding whether the device was being used, whether it was hand-held or whether an exception applies.
In some cases, the facts may not be as straightforward as they first appear and a careful review of the evidence may identify potential grounds to challenge the allegation.
Where a conviction could lead to a driving ban under the totting up rules, legal representation is particularly important. A solicitor can advise on your options and ensure that your case is presented as effectively as possible.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.