Using a mobile phone whilst driving

This offence was created in early 2007. Use of mobile phones and other similar devices whilst driving is now a specific offence.

From representing several clients who have been summoned for this offence, we have found that a fairly broad approach has been exercised by the courts in relation to the words 'use' and 'driving'. For example, this offence can be committed by a driver who merely holds his / her phone, whilst stationary in a car with the engine on. Contact our motoring law team for futher advice and assistance in this regard.

We may also consider whether there were 'special reasons' for using the device when driving. Specific instructions and advice would need to be provided in this respect.

Penalty: This offence carries 3 penalty points, together with a fine of up to £2,500.00. Disqualification can be ordered instead of penalty points.

If 12 penalty points or more are received within a 3-year period, the 'penalty points / totting' disqualification procedures will apply.

Contact our motoring law team for further advice and assistance.