Using a mobile phone while driving

On the 1^st March 2017 the fixed penalty for using a mobile phone while driving has increased to a £200 fine & 6 penalty points. If dealt with at court the fine is likely to be higher and there will potentially be costs and a victim surcharge to pay as well.

If you have been caught driving whilst using a handheld mobile phone or another device, please contact our specialist motoring lawyers on 0115 784 1588

There is an exception if the phone is being used to call the emergency services using 999 or 112, it is a genuine emergency situation and it is unsafe or impracticable to cease driving

What is a hand held mobile phone or hand held device?

A device is deemed to be hand held if it is actually held or must be held at some point during the course of making or receiving a call or performing any other interactive communication function – including Satnavs
An interactive communication function includes sending messages, pictures or providing access to the internet.

What are the likely penalties?

The likely penalties will depend on any aggravating or mitigating features making the offence more or less serious, any personal mitigation and whether or not you plead guilty to the offence.

What is the maximum penalty?

A fine up to £1000 unless committed in a goods vehicle adapted to carry more than 8 passengers when it increases to £2500
6 penalty points or a discretionary disqualification.

When would I need help from a solicitor?

If you have a defence
If you are unsure whether the elements of the offence are made out
If there are special reasons not to endorse your licence
If you do not want to represent yourself in court
If you want points as opposed to a discretionary disqualification
If you want a discretionary disqualification as opposed to points
If you are at risk of a penalty points/totting disqualification.