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Using mobile whilst driving solicitors

The use of a hand held mobile phone whilst driving is illegal and is punishable with 6 penalty points and a fine, however in more serious cases where the use of a mobile phone has resulted in a clear danger a charge of dangerous driving may be brought and that could result in a custodial sentence. For free initial guidance on your options from expert solicitors 24/7 call 0161 696 6250 .

The use of mobile phones in vehicles has long been under the spotlight. It has been illegal to use a mobile phone whilst driving since 2003. We have seen penalties gradually increase since the introduction of the offence in 2003 when penalties were restricted to fine only. A revision of those penalties led to an increase in 2007 to motorists receiving 3 penalty points on their licence alongside a fine. In 2017, the government introduced an increased penalty of 6 penalty points and a fine and in 2022 the ingredients of the offence were adapted to ensure that holding a phone in your hand whilst driving for any reason, not just when using any of its typical interactive functions, will likely lead to an offence being committed.

An allegation of mobile phone use whilst driving use needn’t lead to a conviction, if you would like to discuss your case with one of our specialist motoring solicitors or lawyers contact us for advice.

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When can I be charged with the use of a mobile phone whilst driving?

A charge of driving whilst using a mobile phone can be brought against you even if you are in stationary traffic, unless the engine of your car engine is switched off.

A charge can be brought against a passenger of a car if they are found to be using a mobile phone when supervising a learner or provisional driver.

Employers can be prosecuted if they are found to be allowing / requiring drivers to answer the phone while driving.

Whether or not your driving level has been affected you will be prosecuted for the use of a mobile phone behind the wheel, unless you are contacting the emergency services in a genuine emergency and where it is unsafe and impracticable to stop.

Often when an allegation of driving whilst using a mobile phone is brought it is a case of what a police officer saw or what they think they saw, it is possible to challenge this at trial, we have substantial experience and are able to arrange for expert cross examination.

Hand held devices

From 25th March 2022, anyone found to be using a hand-held device whilst behind the wheel, for any reason, will be committing an offence. This means that anyone picking up their mobile phone device to film or watch videos, play games or scroll through their music playlists whilst driving will be breaking the law. Significantly, this also extends to picking up your phone to unlock the device, illuminate the screen, check the time or even rejecting an inbound telephone call.


Other than in emergency situations, the only other permitted use of a hand-held device will be while driving to make a contactless payment at a payment terminal for goods or services – such as a drive-through takeaway. You must ensure that the vehicle is stationary whilst using your phone to make the payment, however.

What are the penalties for using a mobile whilst driving?

Anyone found to be breaking the law will be subject to a £200 fine and 6 points on their driving licence

If you would like to discuss your case with a motoring offence solicitor please contact us for advice.

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