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Mobile Phone Driving Offences

You’re driving and your mobile rings. Do you answer it? We like to think that we wouldn’t but many of us do. A momentary lapse of concentration can cause a serious accident, and yet the temptation to use your mobile phone whilst driving is seemingly hard to resist.

The law

Since 2003 it has been illegal to use a hand held (mobile) phone while driving. The rules also apply when supervising a learner driver.

The law states that you will be automatically issued with a Fixed Penalty Notice if you are caught driving and using your mobile and since March 2017 you will have to pay a £200 fine and have 6 penalty points added to your driving licence.

If you don’t pay your fine, for any reason, you will receive a court summons whereupon you will be penalised with a large fine and risk being disqualified from driving. In this circumstance the maximum fine you would be in danger of receiving is £1,000 and £2,500 if you were in control of a bus or goods vehicle.

So, let’s be clear, when can you use your phone in your vehicle?

  • When you are safely stationary and parked
  • If you need to call 999 in an emergency and it is impossible or unsafe to stop your vehicle

What about hands-free devices?

It is legal to use a hands-free mobile phone when you are driving, however if a police officer sees you doing so and believes that you are distracted from driving and not fully in control of your vehicle as a result, you can be stopped and penalised.

The importance of legal advice

If you are facing an accusation of driving whilst using a mobile phone then please contact us at Hammond Trotter Solicitors where we can talk you through your options. We are experts in driving defences and have specialist knowledge of this offence, we know how best to move forward given your circumstances . We can start helping you out straightaway so get in touch and we’ll ensure that you achieve the best possible outcome.