Mobile Phone Offence Solicitors

Using a mobile phone whilst driving is illegal and carries severe penalties. If you are accused of using a mobile phone while driving, our specialist mobile phone offence solicitors provide clear, strategic legal advice on how to react.

JMW's motoring offences team will be able to help you mount a strong defence. We assess the evidence, advise you on whether to accept a fixed penalty or challenge the allegation, and represent you at court where necessary. Whether this is a first-time mobile phone offence, or you feel that you have been wrongly accused of using a mobile whilst driving, we work to protect your licence and your position.

Contact JMW today on 0345 872 6666 for an initial discussion about your case, or fill in our online contact form to request a call back. Acting early gives you the strongest opportunity to defend the allegation and avoid a driving ban.

How JMW Can Help

JMW’s motoring offence solicitors understand how important it is for you to stay on the road. For many drivers, managing work, family commitments and daily responsibilities depends entirely on holding a valid driving licence. Six penalty points for using a mobile phone whilst driving can place you at immediate risk of a driving ban, particularly if you already have penalty points or are a new driver whose licence could be revoked.

Our mobile phone offence solicitors provide clear, strategic advice from the moment you receive a Notice of Intended Prosecution, a Single Justice Procedure Notice or a fixed penalty. We assess the evidence, explain your options and advise whether you should accept the fixed penalty or challenge the allegation of using a handheld mobile phone.

It is not automatically the case that a conviction will follow an allegation of using a mobile phone while driving. The prosecution must prove the offence under the current law. Where you are wrongly accused of using a mobile whilst driving, we build a strong argument and challenge weaknesses in the police evidence.

Our service includes:

• Reviewing the prosecution evidence, including officer observations and any supporting material.
• Advising on whether to accept a fixed penalty or contest the mobile phone driving penalty.
• Preparing and presenting a defence where the offence cannot be proved.
• Representing you at the Magistrates’ Court and Crown Court.
• Preparing mitigation to secure a more lenient sentence where appropriate.
• Advancing exceptional hardship arguments if you face disqualification due to totting up penalty points within a three-year period.
• Representing you in appeals against conviction or sentence.

We represent drivers at every stage of the process - from the police interview through to court hearings. Whether you are responding to a Notice of Intended Prosecution or have already been charged with a mobile phone while driving offence, we deal directly with the police and court on your behalf.

Our expertise extends beyond private motorists. We advise and represent HGV and PSV operators, transport managers and professional drivers across the logistics and passenger transport sectors. For those whose livelihood depends on driving, avoiding six penalty points or a driving ban can be essential to remaining in work.

In addition to defence work, we assist employers in drafting bespoke mobile phone user policies to reduce the risk of employees using a phone while driving and facing severe penalties.

From your first call, we provide a clear assessment of your position and a practical plan of action aimed at protecting your licence and securing the best possible outcome.

Meet Our Team

Our specialist motoring offence solicitors have extensive experience defending drivers accused of using a mobile phone whilst driving and regularly represent clients in courts across England and Wales.

Case Studies

What Is a Mobile Phone Offence?

Under the current law, it is illegal to use a handheld mobile phone or other handheld device whilst driving. This includes:

• Making or receiving calls
• Sending text messages
• Accessing the internet
• Using social media
• Taking photographs
• Recording video

The law covers any handheld mobile phone or other device capable of transmitting and receiving data, whether it is a traditional mobile phone, smartphone or similar mobile device. If you must hold the device at any point to use it, it is likely to be considered a handheld phone under the legislation.

The offence can be committed while the vehicle is in traffic, stopped at traffic lights or queuing in traffic ahead. Being stationary in a live lane of traffic does not amount to being safely parked. A driver must be properly parked with the engine off before using their phone.

Using a hands-free mobile phone is permitted in certain circumstances, but drivers must still maintain proper control of the vehicle at all times. If phone use affects your driving, you could instead face allegations of careless driving or even dangerous driving, which carry more severe penalties.

The police regularly rely on officer observations when prosecuting a mobile phone while driving offence. However, the prosecution must prove that you were using a handheld device whilst driving. If you have been accused of using your mobile phone and believe the allegation is incorrect, it is essential to seek specialist legal advice at an early stage.

What Are the Penalties for Using a Mobile Phone While Driving?

The penalties for using a mobile phone while driving are strict and can have immediate consequences for your driving licence. In most cases, the police will issue a fixed notice with a fine and six points on your licence.

In more serious cases - particularly where phone use is linked to careless driving, dangerous driving or a road traffic incident - matters can proceed to court, where drivers can face disqualification, unlimited fines and more severe penalties. 

For newly qualified drivers who have held their licence for less than two years, the consequences are more immediate. Six penalty points will result in:

• Your licence being revoked
• The need to reapply for a provisional licence
• Retaking and passing your driving test again

This applies even if it is a first-time mobile phone offence.

For other drivers, six penalty points may place you at risk of a six-month driving ban if you accumulate 12 or more points within a three-year period. This is known as totting up and can lead to disqualification unless the court accepts an exceptional hardship argument.

A conviction for using a mobile phone whilst driving will also remain on your licence and can affect your insurance premiums. Insurers often treat mobile phone driving penalties as evidence of distracted driving, which may result in increased costs or difficulty obtaining cover.

If you face severe penalties or are concerned about losing your licence, seeking legal advice at an early stage can improve your position significantly.

Can You Defend a Mobile Phone Driving Charge?

A conviction for using a mobile phone whilst driving is not automatic. The prosecution must prove that you were driving and that you were using a handheld mobile phone or handheld device within the meaning of the current law.

In many cases, allegations rely solely on a police officer’s observation. If there is doubt about what was seen, whether the device was actually being used, or whether it was being held at all, this can form the basis of a strong argument in your defence.

Potential defence issues can include:

• The device was not a handheld mobile phone or handheld device
• You were not using the phone for an interactive function such as sending text messages or receiving data
• The vehicle was safely parked at the time
• You were not driving, or were not behind the wheel
• There are inconsistencies or weaknesses in the police evidence

There are also limited exemptions within the law. For example, using a phone to call the emergency services may be permitted if it is unsafe or impracticable to stop. However, these exceptions are narrowly interpreted and must be carefully assessed.

In some cases, the allegation may arise after an officer believes you were distracted or not in proper control of the vehicle. This can sometimes lead to alternative charges such as careless driving. Early legal advice allows us to examine the evidence and determine the most appropriate strategy.

If a full defence is not available, we can still present detailed mitigation on your behalf. For a first-time mobile phone offence, or where you face disqualification due to penalty points, we may be able to secure a more lenient sentence or avoid a driving ban through a properly prepared exceptional hardship application.

If you have been wrongly accused of using a mobile whilst driving, or you are unsure how to respond to a fixed penalty or court summons, speaking to a specialist solicitor as early as possible places you in the strongest position.

What Is the Court Process?

The court process for a mobile phone while driving offence will depend on how the matter is dealt with at the outset.

In many cases, the police issue a fixed penalty notice. You may then choose to accept the penalty or reject it and request a court hearing. If you reject the fixed penalty, or if the circumstances are more serious, the case will proceed to the Magistrates’ Court.

Some cases are dealt with under the Single Justice Procedure. This means a magistrate can consider the case on the papers unless you enter a not guilty plea or request a hearing. It is important to take advice before responding, as the way you deal with the paperwork can affect the outcome.

If you plead not guilty to using a mobile phone while driving, the court will list the matter for trial. The prosecution must then prove beyond reasonable doubt that you were driving and using a handheld mobile phone or other device. We will review the evidence, advise you on the strength of the case and represent you at trial.

If you plead guilty, the court will move to sentencing. At this stage, we present mitigation on your behalf and, where relevant, advance an exceptional hardship argument if you face disqualification due to penalty points within a three-year period.

If you are disqualified or believe the sentence is excessive, you may have grounds to appeal to the Crown Court. We advise you on your options and represent you throughout the appeal process.

Additionally, if you are at risk of totting up, we can prepare and present an exceptional hardship argument. The court has discretion not to impose a driving ban if you can demonstrate that disqualification would cause exceptional hardship beyond the ordinary consequences of losing a licence.

This requires careful preparation and supporting evidence. We assess your circumstances in detail, identify the strongest grounds available and present the argument clearly and persuasively before the court.

Early advice can make a substantial difference, so you should contact us as soon as possible for guidance on what to do next.

Q

Can I use a hands-free device?

A

The law permits the use of a hands-free mobile phone, including systems that operate through Bluetooth headset voice command technology, built-in vehicle systems, or devices secured in a dashboard holder or windscreen mount. The key distinction is that the phone must not be held in the hand at any point while being used.

However, even when using hands-free devices, you must remain in proper control of the vehicle at all times. If the police believe that using a hands-free phone distracted you or affected your driving, you could still face allegations of dangerous or careless driving.

Q

Can I use my phone sat nav whilst driving?

A

You may use a sat nav function on your mobile device provided it is set up before you begin driving and secured in a windscreen mount or dashboard holder. The device must remain in a fixed position and not be held while driving.

If you pick up the phone to adjust directions, check traffic ahead or interact with the screen while driving, this may amount to using a handheld mobile phone. The law focuses on whether the device is being held at any point during use.

The safest course is to programme the route before setting off and rely on voice guidance. If changes are required, you should pull over and ensure the vehicle is safely parked before touching the device.

Q

Can I use my mobile phone whilst parked?

A

You can use your mobile phone if your vehicle is safely parked. In practical terms, this means you are lawfully parked, not in a live lane of traffic, and the engine is switched off.

Being stationary in traffic, stopped at traffic lights or waiting in a drive-through restaurant does not qualify as being safely parked. In those circumstances, you are still considered to be driving.

If there is any doubt about whether you were properly parked at the time of the alleged phone use, this can be examined as part of your defence.

Q

What if my phone was on my lap?

A

If your phone was on your lap and you were interacting with it while driving, the police may treat this as using a handheld device. The court will consider whether you were holding or supporting the phone while using it.

The exact positioning of the device and the nature of the alleged phone use can be relevant. Allegations often rely on officer observation, and the accuracy of that observation can be challenged where appropriate.

If you have been wrongly accused of using your phone, we will examine the prosecution's evidence carefully and advise you on whether there is a strong argument available in your defence.

Q

Can I use my phone in an emergency?

A

There is a limited exemption that allows drivers to use a mobile phone to call the emergency services if it is unsafe or impracticable to stop. This exemption applies only to genuine emergencies.

Routine communication, checking messages, making contactless payment, or receiving calls does not fall within this exception. The exemption is narrowly interpreted by the courts.

If you relied on an emergency situation when using your phone, the specific facts will need to be assessed carefully to determine whether the exemption applies.

Q

Will this affect my insurance?

A

A mobile phone driving penalty will be recorded on your driving licence and must be declared to insurers. Many insurers treat using a mobile phone while driving as evidence of distracted driving, which can result in higher premiums.

In some cases, drivers may face difficulties obtaining competitive cover following endorsement for a mobile phone offence. The impact can extend for several years.

If you are concerned about the effect on your licence or future insurance, obtaining early legal advice may assist in protecting your position and avoiding severe penalties where possible.