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

Have you been accused of using your mobile phone while driving? Are you concerned about receiving a potential penalty? Our mobile phone offence solicitors are on hand to lend their expertise and provide robust representation if you are facing such an accusation.

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Holding a mobile phone while driving is illegal and can carry significant penalties. Depending on your circumstances and whether there are any aggravating factors, you could face six penalty points and a £200 fine if the police decide to issue a fixed penalty notice – which could then be extended to a driving ban and a £1,000 fine if you are dealt with at the magistrates court.

Even if you do not receive a driving ban at the magistrates’ court, the court will impose six penalty points. If you already have six or more penalty points (incurred in the previous three years) you would then be liable to a disqualification for at least six months under the “totting” procedures.

It is also possible to put forward “special reasons” why the court should not impose penalty points. This can be a complicated area and therefore it would be advisable to get the advice of one of our expert solicitors.

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We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

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We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

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 get back to you quickly.

Our mobile phone driving offence solicitors can represent you at Willesden Court if you are due to make an appearance there. This means that our costs will likely be lower, as we are a local firm to the court.

Our mobile phone driving offence expertise

Defending allegations of mobile phone driving offences

Mobile phone driving laws are very clear cut. Simply put, it is illegal to hold a mobile phone or sat nav while you are driving or riding a motorcycle. 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. To use such a device, you must have hands-free access, such as a Bluetooth headset or a windscreen mount.

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 referred to as a CU80 driving offence, could also lead to a discretionary driving ban.

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

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, any contribution you make to your legal defence may be refunded if you are found not guilty.

However, you may not necessarily receive back the full amount of any fees you have paid. 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 a driver is permitted to hold and use a mobile phone if they are safely parked.

If you still have your engine running while 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 eye-witness account. If a police officer sees you holding or using a mobile phone, then this can be enough evidence to bring a case 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 handsfree while driving?

Yes, it is perfectly legal to drive while using a handsfree device whilst driving. It is important to note that handsfree 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 to the government to ban the use of handsfree kits, with the main argument being that they carry the same risk of handheld phones, but there are currently no plans to introduce such a ban.

It is also legal to use voice commands (e.g. Siri on Apple products) or a built in sat nav.

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 in respect of a fixed penalty notice issued by the police. If you are dealt with at the magistrates court it is in 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 difficult 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 sat nav. However, to do so, you must have it in a secured holder.

While you are allowed to 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.

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