Mobile Phone Offences

Caught driving whilst using a mobile Phone in England and Wales

 

Understanding the Law

 

In England and Wales, using a mobile phone while driving is a serious offence under the Road Traffic Act 1988 and subsequent amendments.

 

It is illegal to hold or use a handheld mobile phone, or similar device (sat nav, tablet, or any device that can send or receive data), while driving or riding a motorcycle.

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Use includes, for example, making or receiving calls, sending or reading texts, taking or accessing photos or videos, web browsing, accessing music, checking the time, checking notifications and even just illuminating the screen.

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Can you be charged for using a mobile phone in stationary traffic?

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This law applies even if you are stopped at traffic lights or queuing in traffic. The only exception is in case of an emergency where it is unsafe or impractical to stop.

 

What Constitutes a Mobile Phone Offence?

 

A mobile phone offence occurs when a driver uses a handheld mobile phone or similar device for any purpose, including making calls, texting, using apps, or accessing the internet, while driving. The offence is committed if:

 

1. The driver is holding the phone or device.

2. The driver is using the phone or device for any purpose.

 

Penalties for Mobile Phone Offences

 

The penalties for using a mobile phone while driving are designed to discourage this dangerous behaviour and ensure road safety. These penalties include:

 

• A fixed penalty fine of up to £200
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• A fine of up to £1000 if the matter proceeds to court
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• 6 penalty points on your driving licence
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• Possible disqualification from driving if you accumulate 12 or more penalty points within three years
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• For new drivers (within two years of passing their test), your licence will be revoked if you accumulate 6 or more penalty points

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You can also be charged with careless or dangerous driving as well, which can carry heavier sentences.

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Defending Against Mobile Phone Offences

 

If you are charged with a mobile phone offence, it is crucial to seek legal advice immediately. An experienced lawyer can assess the specifics of your case and explore possible defences.

 

These might include proving that you were not using the device, where necessary, Joe Rawlings might obtain digital evidence from the phone provider in support of the defence.

 

Other defences might include that you were using hands-free, or that there was an emergency situation requiring its use.

 

Get in touch with Joe Rawlings now

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If you have been accused of a mobile phone offence, don't face it alone. Contact Joe Rawlings today for expert legal assistance. Joe specialises in defending mobile phone offences and will work tirelessly to protect your rights and achieve the best possible outcome for your case.