Using a Mobile Phone Whilst Driving

It is illegal to use a mobile phone whilst driving a motor vehicle.

Using a mobile phone can mean:

  • Making or receiving a call
  • Texting
  • Emailing
  • Browsing the internet

Sentencing for using a mobile phone whilst driving

  • Maximum fine of ¬£1,000
  • 3 penalty points

General information

Defences to this offence:

  • You were not using the phone
  • You were making an emergency call
  • Your vehicle was stationary and the engine was off at the time of using the vehicle

This type of offence is generally prosecuted by the CPS/Police when an officer has witnessed the driver using the mobile phone whilst driving.

Many of clients we have represented have been adamant that they did not have their phone in their hand at the time of the offence being committed. This is despite the police saying to the contrary.

We have been successful in defending these cases. We have on numerous occasions been able to cross examine the officers with expertise and have been able to establish doubt in their evidence and therefore secure a not guilty verdict.

We have previously been able to obtain phone records to show that no calls have been received or made to or by the defendant. This has helped create doubt in the prosecution case.

If you face an allegation of this nature you should contact us so we can begin preparing your defence immediately.

Case study

Mr Colville represented one defendant where the police were adamant that they had seen her using her mobile phone. When questioned specifically and challenged about this they conceded that they “thought” it was a phone and could not confirm if it was as they were a long distance away. Officers also confirmed that they had not found a mobile phone when they searched the car.

Following deliberations the Magistrates agreed with the submissions made by Mr Colville and the defendant was found not guilty.