• 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:

• 6 Penalty Points:
• A Fine of Up to £1,000: 
• Court Costs and Victim Surcharge: 

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.

 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 did not 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