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Driving whilst using a mobile phone

If you are being investigated, or prosecuted, for driving whilst using a mobile phone please contact me today for a free initial discussion.

It is illegal to use a hand-held mobile phone while driving. It is hand-held if at some point it is held or must be held in order to make a call or send a message or communicate in some other way. A hand-held mobile phone or other device can be used so long as no contact is required with the device which is used, for example though a dashboard holder, Bluetooth headset or voice command.

Using includes touching, picking up or moving the device at any time. The offence applies even if the vehicle is stationary at traffic lights or queuing in traffic. A mobile phone can be used as a sat nav if it is held in a hands-free holder. The route should be set before driving or if the route needs to be set or changed while driving the driver will need to pull over safely before doing so.

There is a defence to the offence of driving whilst using a mobile phone if the person using the mobile telephone or device meets three criteria:

  1. that the call is to an emergency service using 112 or 999
  2. that the caller is acting in response to a genuine emergency, and
  3. that it is unsafe or impracticable to cease the driving (either of the person making the call or the supervised provisional licence-holder) in order to make the call.

All three of these criteria must be met.

The penalty for driving whilst using a mobile or hand-held device is six penalty points and a £200 fine.

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