Mobile Phone Use

Mobile Phone Use

Accused of Using a Mobile Phone Whilst Driving?

Using a mobile phone while driving is a serious motoring offence, carrying 6 penalty points, a £200 fine, and potential disqualification — even for a first offence. If you already have penalty points, a conviction can result in a totting-up ban, which can affect your job, family life, and independence.

At E&L Legal, we provide expert advice and representation for all mobile phone-related motoring offences, including:

  • Using a handheld mobile device while driving

  • Texting or browsing while stationary (e.g., at traffic lights)

  • Mobile phone use leading to dangerous or careless driving charges

  • Appealing mobile phone penalties or bans

How We Can Help

Mobile phone cases often rely on police officer statements or dashcam/CCTV evidence. We will:

  • Examine the evidence to determine whether the device was being actively used or simply held.

  • Challenge the prosecution’s interpretation, as hands-free and parked use can be lawful in certain circumstances.

  • Identify procedural or evidential weaknesses, such as poor visibility or lack of clear evidence.

  • Present mitigation, particularly where a driving ban would cause exceptional hardship.

Why Early Advice Matters

Many drivers accept penalties without realising they have a valid defence — for example, if they were not in active use of the device or the vehicle was safely parked. Getting advice early can help you avoid unnecessary points, fines, or a ban.

Sentencing and Consequences

Penalties for mobile phone offences include:

  • 6 penalty points and a £200 fine for standard cases.

  • Immediate disqualification for serious cases or if you have a new driver’s licence (within 2 years of passing).

  • Harsher penalties if the mobile phone use is linked to dangerous driving or collisions.

We aim to protect your licence and secure the best possible outcome, whether through challenging the charge or minimising penalties.