Mobile Phone Driving Offences

Since back in 2006 when the offence became an endorseable one, the use of mobile phones whilst driving has seen a much more robust stance. This is due to the increased awareness of the types and frequency of accidents that can occur when they are used.

Using your phone while you drive - Mobile Phone Driving Offences

The law and mobile phone use

Due to recent changes in the Crown Prosecutor's Policy, in cases where it is clear that the use of a mobile phone has caused danger, the CPS will start from a position of charging the driver with dangerous driving. This is often the case in instances where drivers have been texting behind the wheel.

The penalty for dangerous driving can, in some cases, attract a prison sentence and minimum 12-month disqualification, followed by an extended retest.

In most circumstances, driving whilst on a mobile phone will attract a penalty of 6 points on your licence and a fine.

These laws apply even if you are stopped at traffic lights or queuing in traffic.

What we can do for you

It's not always the case that using your mobile phone whilst driving will lead to a conviction. It is still the responsibility of the police and the prosecution to prove their case and that you are guilty of the offence. If the police procedure used against you was flawed, the evidence they hold could be deemed inadmissible. This would ultimately lead to the case against you being dropped.

Establishing this kind of technical defence against police errors is complicated and it is in your best interests to get the help of a specialist motoring solicitor to handle your case.

Also, you may be approaching or contributing to a "totting up" scenario (when you reach 12 penalty points in any 3-year period), so it is best to contact a solicitor as soon as possible.

Simply accepting the contents of a summons or a fixed penalty isn't your only option when caught in the situation of using your mobile phone whilst driving. Often, there much a solicitor can do for you, and they are best placed to tell you the whole range of options available.


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Julie Robertson - Motoring Offences and Criminal Defence Solicitor - Manchester

Julie Robertson
Partner, Head of Motoring & Criminal Defences

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