Prosecutions for Holding or Using a Mobile Phone Whilst Driving

Prosecutions for holding or using a mobile phone in a vehicle are rising. It is essential drivers understand the law. Justin Atkinson, Associate Solicitor within our Crime and Motoring Team, explores the use of mobile phones whilst driving in this blog.

If you hold and use your mobile phone, or any other device that sends and receives data, you are at risk of 6 penalty points and a fine. If you are a new driver and are successfully prosecuted, you would be required to take your test again.

Using your mobile phone includes simply picking it up and looking at the screen, even if you do not actually make or receive a call or interact with it in some other way. This still applies even if you are stopped in a queue of traffic, supervising a learner driver, waiting at traffic lights, or driving a car that turns off the engine when you stop moving.

You can hold and use your device if :

1. You need to call the emergency services in an emergency, and it is unsafe or impractical to stop.
2. You are safely parked.
3. You are making contactless payment in a vehicle that is not moving, e.g at a drive through restaurant.

You can use your phone "hands free" such as in a mount, via Bluetooth or voice command or similar. The important factor is that you are not holding the phone whilst using it.

Even if you are using the phone "hands free" you must remain in proper control of the vehicle and have a full view of the road ahead at all times. If the police think you are distracted by your phone, even if you are not holding it, you could still be prosecuted and receive 3 points and a fine.

If you receive a postal requisition or summons, it is important you are represented by a solicitor who specialises in offences of this nature.

Please contact a member of the team who can provide you with expert guidance in this area on 0800 542 4245 or email info@sillslegal.co.uk.