Mobile Phone Driving Offences

Have you been caught using a handheld mobile phone while driving, and are now facing a potentially damaging penalty?

Are you concerned about spiralling insurance costs as a result of a conviction, or the possible threat of a driving disqualification that could affect your personal or professional life?

Do you require personalised advice and support from a legal team with specialist experience in handling motoring offences, and a proven track record of helping clients to avoid convictions?

If so, give the experts at a call. We have dealt with thousands of motoring offence cases and have more than a century of relevant experience, giving you the best possible chance of a favourable outcome from your case.

Call our expert solicitors today for free advice on how we can put together a strong defence for you. Call us on 0345 241 1326, or complete our online contact form to request a call back at your convenience.

How Can We Help? is part of JMW Solicitors. The members of our team have more than 100 years of combined experience and have been representing thousands of clients since 1978, making them the most experienced motoring offences team nationwide.

Our solicitors are accredited by such respected industry bodies such as Chambers and the Legal 500 and can point to a strong track record of helping motorists just like you, with examples including:

  • the successful acquittal of back-to-back cases for the same defendant who had allegedly been using a mobile phone whilst driving, after proving they were using the device to access pre-downloaded music tracks, which does not qualify as an offence
  • helping to secure the acquittal of a taxi driver alleged to have been using mobile phone while driving, after proving that the officer in question was mistaken
  • ensuring that a defendant who was wrongly accused of using their mobile phone at the wheel was acquitted, after proving they did not have a device in hand, and that the officer had made the mistake after seeing a sat nav system on the dashboard

We will assist and support you through every stage of the legal process, including by:

  • helping you deal with all the relevant paperwork
  • gathering evidence to support your position
  • advising you on the best defence approach and keeping you updated on the ongoing process
  • representing you in court and arguing your case
  • helping businesses to create bespoke mobile phone user policies for their company, to ensure employees are not caught out using their phones while driving

We attend courts across England and Wales and can take instructions by phone, email or in writing. The aim is to make our service as accessible and convenient as possible for individuals and businesses alike.

Call us on 0345 241 1326 for a free initial consultation, and we will be able to offer more detailed estimates of the costs involved.

How Can I Avoid a Fine or Disqualification?

Avoiding a conviction for mobile phone use may be possible under the following circumstances:

  • By proving you were not actually using a mobile device during the incident, either by showing that the police report was mistaken, or by demonstrating that the device was not being used in an illegal way
  • By demonstrating that the vehicle was not being driven at the time of the offence - in other words, that the vehicle was safely parked and the engine was switched off
  • By showing that you were making a genuine emergency call, and that it was unsafe or impractical to stop the vehicle at the time

If you are accused of using a mobile phone behind the wheel, it is up to the police and prosecution to prove that the offence took place as described. Hiring an expert solicitor can make a big difference in helping you put together a strong defence and avoid a ban.

What Happens if I am Found Guilty?

Holding a mobile phone or a similar handheld device while driving or riding a motorcycle is illegal. Unless you are using the device via a handsfree interface (such as a bluetooth headset, voice controls or a mounting system), you can be prosecuted for allowing a distraction to interfere with your control of the vehicle.

It is also worth noting that you can still be convicted of a mobile phone offence even when a hands-free device was being used, if police determine that you were distracted and not in control at the time. Additionally, the legislation on this will be changing in 2020, so you should consult our blog on this topic for more details.

If caught, you could be hit with the following penalties:

  • A minimum £200 fine and the addition of six points to your driving licence for using a handheld phone while driving, by way of a conditional offer from the police. If you have held your licence for two years or less, you will have your licence revoked by the DVLA
  • In serious cases, you could be taken to court, where you could face a maximum fine of £1,000, or £2,500 if you are driving a lorry or bus. You may also be banned from driving

Any of these penalties can lead to significant personal and professional inconvenience, especially if you rely on your driving licence to do your job. By consulting a specialist solicitor with experience in mobile phone offence cases, it may be possible to avoid a conviction, or to get the penalty reduced even if you plead guilty.

Talk to Us

If you have been caught using a mobile phone while driving and are seeking legal advice, call our experienced team of specialist motoring offence solicitors on 0345 241 1326 for a free phone consultation.

You can also complete our online contact form to request a call back.

Get in touch now for your Consultation

Our Motoring Law Specialists pride themselves on providing the advice and support for your Motoring law issues, having over a century of combined experience.

If you need legal advice, get in touch today by calling 0345 646 0348 Alternatively, complete our online enquiry form .


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