Motoring offences
Using a mobile phone while driving
Using a hand-held mobile phone or device while driving carries 6 penalty points — enough to end a new driver's licence, and to put an experienced driver well on the way to a totting-up ban.
The offence explained
The fixed penalty for using a mobile phone while driving is a £200 fine and 6 penalty points. If the matter is dealt with at court, the fine is likely to be higher and there will potentially be costs and a victim surcharge to pay as well.
What is a hand-held device?
A device is deemed hand-held if it is actually held, or must be held, at some point during use while driving — including phones and sat-navs. This covers far more than calls: sending messages or pictures, using apps and accessing the internet are all caught.
Is there any exception?
There is an exception where the phone is used to call the emergency services on 999 or 112, in a genuine emergency, where it is unsafe or impracticable to stop driving.
The penalties
- A fine of up to £1,000 — rising to £2,500 for goods vehicles or vehicles adapted to carry more than 8 passengers
- 6 penalty points or a discretionary disqualification
The likely penalty will depend on any aggravating or mitigating features, personal mitigation, and whether you plead guilty.
When would I need help from a solicitor?
If you have a defence; if you are unsure whether the elements of the offence are made out; if there are special reasons not to endorse your licence; if you do not want to represent yourself in court; or if you are at risk of a penalty points (totting up) disqualification.
I passed my test less than two years ago — what does 6 points mean for me?
New drivers who reach 6 or more points within two years of passing their test face revocation of their licence by the DVLA. See our guidance on DVLA and licence issues, and get advice before responding to any notice.
Free initial telephone advice
Get the right advice as early as possible
It is important you contact Moore Motoring Law as soon as possible to ensure you get the best advice for your circumstances. Free initial telephone advice.