Mobile Phone Driving Offences - What to Do If You Are Caught on Your Phone While Driving

Speak to our mobile phone driving offence solicitors in London, Manchester and Birmingham today.

For an initial consultation on your legal position and the available options, please call 020 7624 7771.

For urgent advice at any time of day or night, please call our emergency number: 07836 577556.

You can also email solicitors@jdspicer.co.uk or fill out our quick online enquiry form, and we will respond quickly.

Our mobile phone driving offence solicitors can represent you at Willesden Court if you are due to appear there. As we are a local firm to the court, our costs will likely be lower.

Our mobile phone driving offence expertise

Defending allegations of mobile phone driving offences

Mobile phone driving laws are very clear-cut. Simply put, holding a mobile phone or sat nav while driving or riding a motorcycle is illegal. Previous mobile phone laws stipulated that drivers could not use their phones for communication purposes, but this was updated to ban drivers from holding their phones for any reason. You must have hands-free access, such as a Bluetooth headset or windscreen mount, to use such a device.

A device must also not block your view of the road or any traffic. The law regarding the use of mobile devices also applies if you are stationary at a set of traffic lights, queuing in traffic or supervising a learner driver.

Penalties for mobile phone driving offences

If you are found guilty of using your mobile phone while driving, you could receive six penalty points on your license and a fine.

The fine someone can receive for driving a smaller vehicle can be to up to £1,000, while the fine can increase to £2,500 if the driver is operating a goods vehicle that has been adapted to carry more than eight passengers.

A mobile phone driving offence, also known as a CU80 driving offence, could also result in a discretionary driving ban.

You will lose your license if you have passed your driving test within two years of being found guilty of using a mobile phone while driving.

Why choose our mobile phone driving offence solicitors?

Funding police station representation

You are always entitled to free legal representation if you have been arrested or are being interviewed under caution. This can be from a solicitor of your choosing.

Funding your legal defence if you are prosecuted

If you are charged and prosecuted for a mobile phone driving offence, it is highly unlikely you will be able to have some or all of your legal defence covered by a ‘Representation Order’. This is commonly referred to as ‘legal aid’. Legal Aid is almost impossible to obtain for non-imprisonable offences. 

Private fees

If you wish, you can self-fund your legal representation. If this is the approach you would like to take, we can clearly explain all of the potential costs and our fee structures. Whether or not you receive legal aid funding, your contribution to your legal defence may be refunded if you are found not guilty.

However, you may not necessarily receive back the total amount of any paid fees. This is because the amount claimed is assessed by the relevant authority using rates laid down by the government for work actually and reasonably done at much lower legal aid rates, often less than 20% of your actual costs.

Frequently asked questions about mobile phone driving offences

Can you use your phone while parked with the engine running?

The law states that drivers are permitted to hold and use mobile phones if they are safely parked.

If your engine is still running while you are parked, you are not deemed to be safely parked. This means that it is still illegal for someone to be using a phone while parked with the engine running.

How can the police prove that I was on my phone?

Of course, the first evidence that the police will use is an eyewitness account. If a police officer sees you holding or using a mobile phone, this can be enough evidence to bring a case against you. CCTV or vigilante evidence can be used against you. 

If the police have not seen you using your mobile phone whilst driving but have reason to believe that this has been the case (such as if you were deemed to be at fault for an accident), they may apply to search through your phone data to gather digital evidence about your usage.

Can you use a mobile phone or call or text while driving without holding it?

This can still lead to a charge of not having proper control of the vehicle and 3 penalty points if you are not using a cradle.

Can you use hands-free while driving?

Yes, it is perfectly legal to drive while using a hands-free device. However, it is important to note that hands-free access must be properly set up before you start driving so that you can receive calls without handling your mobile phone.

There have been calls for the government to ban the use of hands-free kits, with the main argument being that they carry the same risk as handheld phones, but there are currently no plans to introduce such a ban.

Using voice commands (e.g., Siri on Apple products) or a built-in sat nav is also legal.

What is the fine for using my phone while driving?

The minimum fine you can receive for using a mobile phone while driving is £200. However, this “minimum” is only regarding a fixed penalty notice issued by the police. If you are dealt with at the magistrate's court, it is at the court’s discretion to decide the amount of any fine. The maximum fine is £1,000 or £2,500 for drivers operating heavy goods vehicles.

How many penalty points will I get for using my phone while driving?

If found guilty, you will receive six penalty points for using your phone whilst driving.

Even if found guilty, there may be “special reasons” advanced for not imposing penalty points. However, this can be a problematic area of law and advice from one of our specialist solicitors should be sought.

Even if you are not found to have been holding a mobile phone, you could also receive three penalty points if you do not have a full view of the road.

Is it illegal to use your phone as a sat nav?

It is not illegal to use your phone as a satellite navigation system. However, it would be best to keep it in a secure holder to be legal.

While you can use your phone as a sat nav in a secured holder, it is still illegal to touch it while driving, as a case could be made to suggest that this is distracting you from driving safely.

Contact our mobile phone driving offence solicitors today

For urgent specialist advice, immediate representation, or to speak to our solicitors in London, Manchester and Birmingham confidentially about a mobile phone driving offence or CU80 driving offence, please call 020 7624 7771 or email solicitors@jdspicer.co.uk.

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

For immediate representation and advice, call our emergency number, 07836 577556, and we will provide you with the urgent assistance you need.