You could face points or a ban. If you’ve received notice or a court date, speak to a solicitor today.
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Accused of using a mobile phone while driving?
Motoring
Defence Lawyers
Using a mobile phone whilst driving is one of the most commonly prosecuted road traffic offences. The law has tightened significantly in recent years meaning even momentary interaction with a device can now lead to prosecution.
At Verida Legal, we specialise exclusively in motoring law. Our solicitors defend clients facing mobile phone allegations. We offer free initial advice and fixed-fee representation, ensuring clear and practical guidance from the start.
Charged with Using a Mobile Phone?
“Using a mobile phone while driving” usually means holding a phone (or similar device) and using it for an interactive function — such as calling, texting, emailing, taking photos or videos, browsing the web, or receiving data. The law is applied broadly and what counts as “use” often comes down to the facts of the case.
These allegations are commonly based on an officer’s observations, dashcam footage, roadside stops, or evidence gathered after an incident. In some cases, you may also be facing related issues such as careless driving or dangerous driving depending on the circumstances.
If you’ve received paperwork, don’t guess your way through it. Early advice can make a real difference.
The current law is set out in Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, as amended in 2022. It is an offence to:
Use a handheld mobile phone or interactive communication device while driving, including when the vehicle is stationary with the engine running.
This covers any use of a phone or device including:
- Unlocking or holding the phone
- Checking notifications
- Using a satnav app or music app
- Taking photos or videos
- Scrolling or typing on the screen
Hands-free use is permitted only if the device is fully secured in a cradle and does not require manual interaction.
Recent Legal Changes in Mobile Phone Allegations (2022 Amendment)
Before 2022, the law only prohibited “interactive communication” (calls, texts, emails). This loophole allowed drivers to argue they were using their phones offline — for example, changing music or taking a photo.
The 2022 amendment closed this gap, making any hand-held use unlawful. However, police must still prove that:
- You were driving at the time; and
- You were holding and using the device in a way prohibited by law.
This is where careful legal analysis of the evidence is crucial. Many police forces and prosecution areas misinterpret the new law and charge drivers incorrectly.
Potential Defences
Every case is different and small details can make a big difference.
That is why it is crucial we review the evidence thoroughly.
Our solicitors examine all aspects of the case and identify possible defences.
Depending on the circumstances, we may look at:
You Deny Using Your Mobile Phone
The prosecution must prove that you were using a mobile phone while driving. If you deny using a device at the time and the allegation is based on brief observation or assumption, this can provide a defence. We test whether the evidence is strong enough to prove the offence.
Evidence Quality
We scrutinise any officer observations, Dashcam, body-worn footage and other material to test whether it clearly identifies you, the device and the alleged use.
Was the Phone Handheld?
A key issue is whether the prosecution can prove the device was being held. If it was fixed in a cradle and you didn’t touch it, that can change the position.
Reducing Penalty Points
Where appropriate, we may negotiate with the prosecution to accept a plea to an alternative offence, such as not being in proper control of the vehicle. This offence carries fewer penalty points than using a mobile phone while driving.
Mitigation & Totting Up Risk
If a conviction would take you to 12 or more points, you will automatically face a six-month disqualification under totting-up rules. In these situations, we can represent you at a separate exceptional hardship hearing, arguing that a disqualification would cause disproportionate hardship to you or others.
See our Exceptional Hardship page for more information.
Exclusive Focus on Motoring Law
Fixed Fees for Every Case Type
Sentencing Guidelines for Using a Mobile Phone Whilst Driving
Using a hand-held mobile phone while driving is treated seriously by the courts because it’s linked to collisions and avoidable risk. In many cases, drivers are offered a fixed penalty of 6 points and a £200 fine. If the matter goes to court and you are convicted, financial penalties can increase. A driving ban may also be imposed if you already have 6 or more points on your licence.
If you passed your driving test within the last two years, 6 points can trigger the revocation of your licence under the new driver provisions. You will have to reapply for a provisional licence and re-take your theory and practical tests, which can affect your work, insurance and day-to-day life.
If you’ve received a fixed penalty notice, Single Justice Procedure Notice, or a court date, we’ll explain your options clearly and help you protect your licence.
Accused Of
Using A Mobile Whilst Driving?
Whether this is your first offence or you’re at risk of a totting up ban, we’ll guide you through the process and fight for the best possible outcome.
What to Do if You’ve Been Charged
If you’ve been stopped by the police or received a postal charge for using a mobile phone whilst driving:
- Do not ignore it – you may be required to attend court.
- Contact us immediately – early legal advice can significantly influence the outcome.
- Have your paperwork ready – we’ll review your charge sheet and any other paperwork you have received.
Our solicitors will explain the process and review your case in detail. We will provide clear, practical advice on your options.
