Driving While Using a Mobile Phone
What is the Mobile Phone Driving Offence?
Being accused of using a mobile phone while driving can be frustrating, stressful and confusing. Especially if you believe you weren’t using the device, were safely parked or were simply holding it momentarily without intention. A conviction can have serious consequences, including penalty points, a fine, increased insurance premiums and in some cases, the risk of a totting-up driving ban if you already have points on your licence.
Mobile phone offences have risen sharply in recent years, especially since the law was tightened in 2022 to include any use of a handheld device – even scrolling a playlist, unlocking the screen, or holding it while stationary in traffic. In 2024, more than 90,000 drivers were convicted of mobile phone offences, highlighting how strictly these laws are enforced and why obtaining legal advice is essential.
As specialist motoring offence solicitors, we have extensive experience defending drivers facing mobile phone allegations and can guide you through the process with clarity and confidence.
Why Have You Been Charged?
You may have been charged if the police believe you were:
- Holding a mobile phone while driving
- Using a device for any purpose (e.g., texting, navigation, recording, scrolling, unlocking)
- Touching or interacting with a device while stationary in traffic
- Using a handheld device while supervising a learner driver
The police only need to show:
- The device was handheld, and
- You were using it for any interactive function
- Or you were holding it while driving or in traffic
Intent does not need to be proven.
Get Expert Advice Now
Our phone lines are open until 7PM on weekdays. Call now for immediate assistance, or reach out via our contact page and we’ll get back to you as soon as possible.
Penalties can include:
- £200 fixed penalty
- 6 penalty. points
- A court-imposed fine of up to £1,000 (£2,500 for HGV/PSV drivers)
- Risk of a 6-month driving ban if you reach 12 points (totting-up)
For new drivers (within two years of passing), 6 points results in an automatic licence revocation.
Because the consequences are often severe, legal advice is crucial.
What are the defences for driving while using a mobile phone?
There are several defences that may apply depending on the circumstances of your case. Some of the most effective include:
The Device Was Not Handheld
You Were Not Driving
Being stationary in live traffic does count as driving — but being properly parked does not.
Unreliable Officer Observation
Device Was Not a Phone
Emergency Situations
Procedural Errors
Every case turns on its specific facts — which is why tailored legal advice is vital.
Contact our Solicitors Today!
If you have been charged with using a mobile phone while driving, or you are at risk of losing your licence due to penalty points, our specialist motoring solicitors are here to help. We offer clear, practical advice aimed at protecting your licence, reducing penalties and achieving the best possible outcome for your case.
We have extensive experience challenging officer observations, interpreting the legal definitions and presenting strong arguments in court.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
