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Mobile Phone Offences

To use a mobile device whilst in control of a motor vehicle is taken very seriously. by the courts. We deal with many of these cases and modern police recording tactics will regularly pop up in the media. See our linkedIn profile for the latest news in this area.

How we can help


  • 6 penalty points or discretionary disqualification
  • Financial penalty

How we can help you…

A fairly broad approach has been demonstrated by the courts in relation to the words “use” and “driving”. Various kinds of mobile phone use are covered, such as texting, emailing, making/receiving a call and internet use.
Occasionally, we instruct an expert in mobile phone analysis to investigate whether the mobile phone was being used at the time the police described.

Recent changes in Motoring Law

Our team have recently been asked for advice by drivers regarding mobile phone use, following the High Court’s determination in DPP v Barreto [2019], relating to the legal definition of “interactive telecommunication” when behind the steering wheel. Back in 2003 mobiles were more basic and not used for as many other functions as they are now. Ostensibly, filming a crash on a mobile while driving past an accident does not constitute this specific offence.

In Your Defence Ltd advise motorists that some situations might result in Careless Driving or Not Being In Control of a Motor Vehicle charges instead. And in more serious situations, Dangerous Driving.

Notable Case
  • We represented a defendant who had been caught driving whilst using his mobile phone. There were three passengers in his car, including two children in the back seat. He stated he had used it due to a medical emergency. The case was aggravated as he had several previous driving bans and had 6 penalty points on his driving licence. This offence meant he would exceed the 12 points limit. Our Solicitor Director, Lauren Deacon, presented mitigation to the court which resulted in his disqualification period being reduced from 6 months to 3 months.

Get In Touch

M23Law provides specialist support for those accused of any motoring offence.

We are not solicitors. Instead, we provide a streamlined connection and management service to our direct access road traffic barristers. So, how does that benefit you?

Fixed Fees – Clear quotes before action

Modern – Streamlined for a simple process

Admin – You benefit from our admin support throughout

Focused – We do not deal with any other area of law

Speak To Our Team

To get started, contact us via phone, email or by submitting a contact form.

We’ll then organise an initial consultation to discuss your case in more detail, before advising on the best route forward.