Mobiles are a part of our daily lives but using a phone while driving can have serious consequences. In this article we will look at the legal penalties for using a handheld mobile phone whilst driving and how #1 Motoring Solicitors can help those charged with this motoring offence. By knowing the risks and legal implications drivers can understand the consequences and risks of using a phone while driving, make informed decisions and get the right help when needed.
What Counts as Using a Phone While Driving?
Mobile phone driving laws have evolved with our usage. Using a hand-held mobile phone for built-in sat nav, listening to music, and making calls behind the wheel is commonplace. The trouble occurs when drivers are caught with their devices in their hands, even if they are inactive or in flight mode, which can hinder proper control of a vehicle and lead to distracted driving and possible road traffic collisions.
Under current law, “using” the hand-held device can include actions like checking the time, checking notifications, unlocking the mobile phone, receiving or making a cellular or internet-based call, recording or uploading a video utilising camera functions, sound recording drafting, messages accessing, uploading oral or written content, or any other action that may require holding the mobile device.
When is it Legal?
For most drivers, the best way to avoid a charge for using a hand-held mobile phone while driving is to enable hands-free phone use. You can buy hands-free devices or a hands-free kit online or from many major retailers, which will help you set up hands-free access to functionalities like voice commands or a Bluetooth headset. When using your mobile phone while driving as a sat nav, it is important to stick to hands-free use by using a phone holder and ensure you have a full view of the road and traffic ahead.
Using a handheld phone is sometimes legal if the vehicle is not moving. For example, if you’re making a contactless payment at a drive-through restaurant or are safely parked, but not while waiting at traffic lights, supervising a learner driver or sitting in traffic. You may also use a mobile phone in a vehicle if you are in the passenger seat, but not if you are in the driving seat.
Caught in the Act? Here’s What Happens
When you are caught using a mobile phone while driving, you will usually receive a fixed penalty notice, and the consequences can be severe. Even if the police officers don’t spot you, cameras are becoming more common. Cameras catch thousands of drivers on their phone each year. The UK government takes this offence very seriously as it’s so dangerous to road safety, especially for new drivers. These can include:
Fines
If you use a mobile phone while driving, the standard penalty is £200 and six penalty points on your licence.
£200 is just the starting point. Depending on the circumstances, such as repeat offences and if it leads to additional charges, the fines for using a hand-held device can increase to a maximum fine of £1000, or £2500 if you’re driving a bus or lorry.
Penalty Points on Your Licence
Six penalty points for one offence is serious. Under the UK’s totting-up system, this brings you halfway to the 12 points you need to lose your licence. This can have a major impact on your daily life, your ability to get to work or manage personal responsibilities. If you’re a new driver who passed your driving test in the last two years, you’ll usually lose your licence.
Higher Insurance Premiums
Being caught using a hand-held phone while driving can also lead to higher insurance premiums. Insurance companies see this as a sign of reckless behaviour behind the wheel and therefore the risk of insuring you increases. This will be a financial burden that goes beyond the initial fine and points.
More Serious Charges
In some cases, the charge can be escalated if using your phone causes an accident or puts other drivers and other road users at risk. These charges carry much bigger penalties including possible disqualification.
Risk of Escalation
Careless Driving
If using your handheld device causes you to drive erratically you could be charged with careless driving. This is driving without due care and attention and can result in bigger fines, more points or even a court appearance.
Dangerous Driving
In extreme cases where using a mobile phone leads to risky driving the charges can be much more extreme. This is a criminal offence that can result in up to five years imprisonment, a long driving ban and a sizeable fine, sometimes up to £5000.
Legal Complications
Escalated charges make the legal situation more complicated. Defending against these charges requires a solid legal strategy and expert representation to mitigate the consequences.
How #1 Motoring Solicitors Can Help
Legal Representation
#1 Motoring Solicitors specialise in defending mobile phone use allegations. Our team of lawyers can offer you expert legal representation.
Evidence-Based Defence
We can access evidence from mobile phone network providers to see if phone records support your defence. We analyse call logs and data usage to show you weren’t using your phone at the time of the alleged offence.
Medical Defence Strategies
In some cases, medical evidence can be key to the defence. If you have a medical condition that explains your behaviour, medical evidence can help your case.
Defence Strategy
Incident Analysis
First, we analyse the incident, reviewing all the evidence and looking for holes in the prosecution’s case. This includes reviewing the police report, witness statements and any video footage.
Evidence Gathering
We gather supporting evidence, phone records and medical documents to build a defence. We work hard to find any evidence that can contradict the allegations against you.
Court Preparation
If your case goes to court our solicitors will prepare a defence strategy. We will represent you in court, present evidence and arguments to challenge the charges and reduce the penalty if possible.
Final Thoughts
Using mobile phones whilst driving is a serious offence with significant consequences. From fines and points on your licence to higher insurance premiums and the risk of escalated charges, the consequences are far-reaching. With the right legal help, you can defend against these allegations and protect your driving licence.
At #1 Motoring Solicitors we help our clients through the complexities of traffic offences. If you’re charged with using a mobile phone whilst driving get in touch with us. Our team are here to help.
For more information and to speak with one of our solicitors, contact us today and take the first step towards safeguarding your driving future.