Using a mobile phone while driving is one of the most common traffic offences in the UK. Authorities take this violation seriously due to its direct impact on road safety. The penalties can be severe, affecting your driving record, insurance premiums, and even your livelihood if you rely on driving for work.

At Motoring Defence, our experienced motoring offence solicitors near me provide expert guidance to drivers facing these charges, helping them explore possible defences and reduce the penalties.

What Counts as Mobile Phone Use While Driving?

The law prohibits holding or using a mobile phone or similar device for communication or entertainment while driving. This includes:

• Making or receiving calls
• Texting or sending messages
• Using social media
• Browsing the internet
• Holding the phone to check GPS directions

Even if you are stuck in traffic or at a red light, using a handheld device is illegal.

Penalties for Mobile Phone Use While Driving

The legal consequences depend on the circumstances and severity of the offence.

1. Standard Penalty

• 6 penalty points on your licence
• £200 fixed fine

2. New Drivers (Within Two Years of Passing)

• Immediate licence revocation if you accumulate 6 points

3. Court Summons

For more severe cases, such as causing an accident while using a phone, you may be summoned to court, facing:

• A fine of up to £1,000 (or £2,500 for commercial drivers)
• A possible driving ban

Possible Defences Against Mobile Phone Offences

While the law is strict, there are valid defences that motoring offence solicitors near me can help you present:

1. Emergency Situations

If you used your phone to contact emergency services (999 or 112) during an immediate danger, this may be a valid defence.

2. No Physical Interaction with the Device

If the phone was mounted and you did not physically hold or touch it, this may be a strong argument, as hands-free use is allowed.

3. Insufficient Evidence

The prosecution must prove beyond doubt that you were holding and using the device. Lack of clear evidence can weaken their case.

4. Procedural Errors by Police

Mistakes made by officers during the traffic stop or evidence collection can be challenged in court.

How to Fight a Mobile Phone Charge

Step 1: Seek Legal Advice Immediately

Consult expert motoring offence solicitors near me who understand traffic laws and court procedures. They can review your case and identify possible defences.

Step 2: Gather Evidence

Collect any evidence that supports your defence, such as:

• Call logs to show no calls were made
• Dashcam footage to prove you were not using the phone
• Witness statements

Step 3: Build a Strong Defence Strategy

Your solicitor will craft arguments tailored to your specific situation, challenging the evidence and highlighting any mitigating factors.

Step 4: Court Representation

If the case goes to court, having an experienced solicitor by your side can make a significant difference in the outcome.

Why Choose Motoring Defence?

At Motoring Defence, we understand how crucial your driving licence is to your daily life. Our skilled motoring offence solicitors near me have extensive experience in handling mobile phone cases and other motoring offences. We provide:

• Comprehensive Case Reviews: Identifying potential defences
• Expert Legal Advice: Clear guidance tailored to your situation
• Court Representation: Strong advocacy to protect your rights
• Mitigation Strategies: Reducing penalties whenever possible

Tips to Avoid Mobile Phone Offences

1. Use Hands-Free Devices: Ensure your phone is securely mounted and only operated through voice commands.
2. Turn Off Notifications: Reduce distractions by disabling alerts while driving.
3. Pull Over Safely: If you must use your phone, find a safe place to stop first.
4. Use Driving Apps Wisely: Set GPS destinations before starting your journey.

Final Thoughts

A mobile phone charge can have long-lasting consequences, but with the right legal support, you can fight the charges and protect your driving record.

If you've been caught using a mobile phone while driving, contact Motoring Defence today. Our expert motoring offence solicitors near me are ready to help you navigate the legal process and achieve the best possible outcome.