Mobile Phone Offence - The Law
Using a handheld mobile phone while driving is illegal in the UK. This includes:
- Making or receiving calls.
- Sending or reading texts and emails.
- Using the internet or apps (including for Satnav).
- Taking photos or videos.
Even holding your phone while driving could result in serious penalties if you are found guilty of an offence.
What Are the Penalties?
If convicted of using a mobile phone while driving, you could face:
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6 Penalty Points:
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A Fine of Up to £1,000:Â
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Court Costs and Victim Surcharge:Â
In some cases, you may be issued a Fixed Penalty Notice (FPN), which offers a fine and 6 points as an alternative to court proceedings. However, more serious cases may result in a Single Justice Procedure (SJP) notice or a summons to court.
For newly qualified drivers, receiving 6 penalty points within two years of passing your test could lead to automatic disqualification.
You Have the Right to Defend Yourself
Being accused of a mobile phone offence does not mean you are guilty or that you have no alternatives. You have the legal right to challenge the allegation and take the case to trial. Just because the police or prosecution claim you broke the law does not mean they are correct.
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Potential Defences
1. Evidence of Phone Usage
The police must show that you:
- Held the phone in your hand while driving.
- Used the interactive functions (e.g., making a call, texting, or using an app).
However, mistakes happen. Police officers are human and can misinterpret situations. Our team has successfully cross-examined officers in court, exposing flaws in their eyewitness testimony.
2. Phone Records
We can obtain your phone records to prove that you were not using your mobile at the time of the alleged offence. If the police failed to check your phone usage during their investigation, this oversight can work in your favour.
3. Hands-Free Systems
If your vehicle has a Bluetooth hands-free system, it strengthens your defence by showing that you didn’t need to physically hold your phone. This can undermine the prosecution's case.
4. Innocent Explanations
Even if the phone was in your hand, the police must prove it was being used. There are innocent reasons for holding a phone, such as:
- Moving it from one place to another.
- Checking the time.
- Passing it to a passenger.
We can help you explain your actions in court and cast reasonable doubt on the prosecution’s case.
5. Procedural Errors
The police are required to follow strict procedures when investigating mobile phone offences. If they fail to gather or present evidence correctly, it could result in the case being dismissed.
Why Fight a Mobile Phone Offence?
Beyond the immediate penalties, a conviction can have long-term consequences:
- Licence Suspension:Â For new drivers or those with existing penalty points, 6 points could lead to disqualification.
- Increased Insurance Costs:Â A conviction will likely raise your premiums.
- Employment Risks: If you rely on your licence for work, losing it could jeopardise your job.
By challenging the allegation, you may avoid these consequences entirely.
How We Can Help
At TML, we specialise in defending mobile phone offences and protecting our clients’ driving licences. Here is how we can assist you:
- Free Initial Consultation:Â We will review your case and explain your options at no cost.
- Expert Defence: Our experienced team will gather evidence, cross-examine witnesses, and challenge the prosecution’s case to build a strong defence.
- Detailed Investigation:Â We will review phone records, police reports, and any CCTV or dashcam footage to uncover inconsistencies in the evidence.
- Compelling Representation: Whether your case is resolved through negotiation or taken to court, we’ll provide skilled advocacy to achieve the best possible outcome.
What If You Plead Guilty?
If you decide to plead guilty, we can still help. Our team will prepare powerful mitigation to minimise your penalties. This may involve presenting evidence of:
- Good Character:Â Highlighting your clean driving record and contributions to the community.
- Personal Circumstances:Â Explaining how penalties would impact your work, family, or livelihood.
- Unique Factors: Providing context about the alleged offence to reduce its severity in the court’s eyes.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
AMAZING service. Special shoutout to Aftab who made the whole process easy. Would definitely recommend
Daanish Khan26 July 2024
I can’t thank these guys enough. Super supportive throughout the whole process.
George Stapleton26 July 2024
Thanks to Alex and his team I’ve managed to keep my driving licence my case was very complex but these guys fought long and hard and got me a very... read more
Imtiaz Ali26 June 2024