Mobile Phone Offences

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Mobile Phone Offences While Driving

If you have been accused of using your mobile phone while behind the wheel, our expert mobile phone driving offence solicitors will provide the information and legal advice you need. We have the experience and expertise to guide you through the legal process, offering expert help as and when you need it.

Find out more about how we can assist with your mobile phone driving offence today by simply getting in touch with the team. Give us a call on 0345 872 6666 or complete our online enquiry form and we will call you back at a time convenient for you.

How JMW Can Help

At JMW, our mobile phone driving offence solicitors draw on years of experience defending those accused of mobile phone driving crimes to get the best possible result for our clients.

It is not necessarily the case that a conviction will follow allegations of driving while using a mobile phone; the offence must be proved by the police and prosecution. However, enlisting the assistance of expert solicitors should be your first step.

As well as legal representation and advice, we also offer employers the chance to create a bespoke mobile phone user policy for their company, to reduce the risk of employees being caught using the phone while driving.

Mobile Phone Driving Offences Explained

Using a handheld mobile phone while driving is strictly prohibited and, because it is viewed as an activity that could cause danger on the road, is treated as a very serious offence. If the use of the device results in a clear danger, this could lead to a charge of dangerous driving that might even result in a custodial sentence.

However, despite the seriousness of the offence, an allegation need not always lead to a conviction and it is therefore imperative that if you find yourself in such a situation you are able to access expert legal assistance to help better defend yourself against the charge.


According to road safety statistics, a person driving while using a mobile phone is four times more likely to have an accident. As a result, the government has introduced legislation that has gradually become more severe. As it now stands, the punishment for the offence is:

  • A fine of £200; and
  • Six penalty points

The legislation has also been extended to cover employers who require employees to take or make calls when driving. Other activities that are also caught by the regulations include:

  • Listening to voicemails
  • Sending or reading text messages
  • Sending or receiving faxes
  • Using the internet

If you are accused of a mobile phone driving offence, it is therefore important that you have access to the right legal help to give you the very best chance of securing the outcome you are after.

Handheld Devices

If you hold your mobile phone when either making or receiving a call while driving, the device is classified as handheld and this would represent an illegal action. It is important to remember, however, that while the use of a hands-free device does not lead to a specific ban, if its use is deemed to have negatively affected your driving then you can still be prosecuted by the police.

Different Scenarios

The law surrounding the use of mobile phones while driving can be complex and there are certain scenarios in which you may or may not face police action. Some of the more common examples include:

  • In stationary traffic - You can be charged for using your mobile phone even if you are in stationary traffic. The only exception is if your car's engine was switched off at the time
  • Passengers - If you are the passenger in a car but are supervising a provisional or learner driver, you could face a charge if you were found to be using a mobile phone while instructing them
  • Employers - If an employer permits or encourages their employees to use their mobile phone while driving, they too can be prosecuted

The law surrounding mobile phone use when driving is not black and white, and should you be accused of committing the crime, it may be that with the right legal help you are able to build a robust defence to help you successfully fight the allegation.

Talk to Us

Contact the motoring law solicitors at JMW for expert advice when facing a driving with a mobile phone charge. Simply call us on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back.