Using a Mobile Phone Whilst Driving
I have been charged but I was not using my phone?
The offence requires the phone to be used for a call or other communication whether transmitting or receiving data. The phone must be hand held at some point during the communication.
How do I prove I was not using a phone?
The prosecution must prove you were using the phone. Having said that it is often prudent to have your phone examined by an expert who can give evidence to say the phone was not being used at the relevant time. We recommend you obtain expert advice in this situation.
What is the penalty for using a mobile phone?
If you are eligible the fixed penalty for this offence is 6 penalty points and a £200 fine. If you are not eligible for a fixed penalty and prosecuted, the fine will usually be at Band A (25% to 75% 0f weekly income) plus prosecution costs, a victim surcharge and 6 points.
The fine is greater for HGV and Bus drivers. See our specialist guidance for professional HGV and PSV drivers.
Will I lose my licence for using a mobile phone?
If you are a new driver you will have your licence revoked which means you will require to resit your test. If you have 6 or more points on your licence you will be at risk of a totting up disqualification. You may be able to argue exceptional hardship. The courts may impose discretionary disqualifications in more serious cases.