Driving whilst using a mobile phone is considered a serious motoring offence in the UK. It involves the use of a handheld mobile device while operating a vehicle, which can significantly impair a driver’s ability to control the vehicle and respond to road conditions. 

As above, this offence comes with a mandatory penalty of 6 points endorsed onto your driving licence and a fine. 

If you believe the police have made a mistake, or you want to check the accuracy of the evidence against you, please contact us on 01925 351350 to discuss this further.

The Law

The law was updated in 2022 to prohibit any use of a handheld mobile phone while driving, not just making calls or sending texts. This includes activities such as taking photos or videos, scrolling through playlists, or playing games. Even illuminating the screen of your device (to check the time for example) can amount to this offence under the new regulations.

This was further affirmed by the recent case of The King (on the application of Andrew Olins) v Lavender Hill Magistrates’ Court & Crown Prosecution Service. 

Mr Olins argued that merely holding a mobile phone should not amount to ‘using’ a mobile phone under the act. However, the court disagreed with this argument.

The High Court found that holding a phone, even momentarily, while engaged in a call constituted “use” under the current legal definition. This does not necessarily mean that you have to be on a phone call for holding the phone to constitute ‘use’.

Their decision has confirmed that even holding a phone accidentally can amount to use. It further reaffirms the precedent set in the case of Bendt (2022).

Defending a charge

Despite the above, there are still ways in which we can assist you in avoiding a conviction and therefore avoiding increased insurance premiums, a fine, and a potential driving disqualification.

Please give us a call on 01925 351350 to discuss ways in which we can help you.

The police and the Crown Prosecution Service often make mistakes, and therefore, it is never worth rolling over and accepting a charge of this nature.

Conclusion

Drivers should take note of this case: using a mobile phone while driving, even to stop it from falling, could result in conviction. The decision by the court upholds the strict liability approach in line with the 2022 amendments.

Regardless of Bluetooth connectivity or perceived necessity, this case emphasises the need for drivers to exercise extreme caution and refrain from making any physical contact with their phones while driving.

Please contact us on 01925 351350 to discuss the defence of your case with a specialist in motoring law.