Using your phone, sat nav or any device when driving can lead to you being stopped and charged by the police. The implications can be severe, especially if you rely on your licence for work or personal responsibilities.
The law in England and Wales has strict rules on mobile phone and device use while driving, designed to reduce accidents caused by distracted driving. However, every situation is different, and there may be defences or ways to mitigate the outcome. At Switalskis, we can guide you through the process, help you understand your options and work towards the best outcome.
To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.
If you’ve been charged, acting quickly can make all the difference. When you get in touch with Switalskis, we’ll start with an open conversation about your situation. We’ll look at the evidence, explain your options clearly and help you understand what could happen next. You’ll know where you stand and what to expect if you decide to move forward. Whether you want to challenge the charge or work to reduce the penalties, we’ll develop a defence strategy that works for you.
If your case goes to court, our experienced team will represent you, making sure your side of the story is heard. We'll do everything we can to get you the best possible outcome.
The law prohibits using a mobile phone or any device for any function while driving. This includes making calls, sending texts, checking notifications or even holding the phone for a brief moment. It also covers using your sat nav to get directions and for other purposes.
The offence also applies when the vehicle is stationary, such as at traffic lights or in heavy traffic, as long as the engine is running. It still applies even if your engine has stopped automatically because the car is stationary but not parked. The law also applies to someone who is supervising a learner driver.
Examples of prohibited mobile phone use include:
The only circumstances in which you are legally allowed to handle a phone while driving are:
Devices like hands-free phones or a sat nav are permitted but must be mounted in a secure holder and not touched or blocking your view of the road. If the police believe your use of these devices caused you to lose proper control of your vehicle, you can still face a charge.
The standard penalty for using a mobile phone while driving is:
However, the consequences can escalate depending on the circumstances:
A conviction for mobile phone use can also increase your insurance premiums significantly, as insurers often view such offences as indicators of risky driving behaviour.
It's possible to challenge a charge of using a phone while driving. Some potential defences include:
Challenging a charge can be complex, but with the support of experienced motoring solicitors , weaknesses can be identified in the case against you and present a strong defence.
Facing a charge for using a handheld mobile phone while driving can be overwhelming, especially if you’re concerned about penalties like losing your licence. At Switalskis, we understand how stressful this can be, but with our support, you’ll have the best chance of a fair resolution.
While the details of each case vary depending on the circumstances, here’s a straightforward guide to how defending a mobile phone use while driving charge typically unfolds:
The first step is to contact our motoring offence team. It’s important to do this as soon as possible. Avoid admitting responsibility or accepting any penalties before seeking advice, as this could affect your defence. We’ll start by discussing the specifics of your case, explaining the charges and outlining your potential options.
If you decide to plead not guilty and instruct our team, we’ll begin gathering evidence to support your defence. This may include reviewing CCTV footage to verify your actions, witness statements to clarify what happened, and documentation related to the device, such as proving it was mounted and used hands-free. We’ll also look for weaknesses in the evidence presented by the prosecution, such as gaps in their account or procedural errors.
Once we’ve built a robust defence, we’ll contact the prosecuting authorities, such as the police or Crown Prosecution Service. Our aim is to challenge their case where possible, either by negotiating a reduction in charges or by preparing to contest the case in court.
If your case proceeds to court, we will be there to defend you. Our experienced solicitors will present your defence, argue your case clearly and challenge any evidence that doesn’t meet the required standard. Throughout the hearing, we’ll ensure your rights are protected, and your side of the story is heard.
At the end of the hearing, the court may decide to reduce your penalties, dismiss the charge or impose fines and points. Whatever the outcome, we’ll explain what it means for you and your driving record. If penalties are unavoidable, we’ll discuss any options for minimising their impact, such as attending a driving awareness course.
Throughout the process, we’ll keep you updated on any developments and their implications. We’re here to handle the legal complexities so you can focus on living your life. With Switalskis by your side, you’ll have the support of an experienced team committed to getting you the best possible result.
To manage the legal process effectively after being charged with using a handheld mobile phone while driving requires you to take the right steps early on. Here are some important points to keep in mind:
Evidence can make or break your defence. Dashcam footage may clarify your actions at the time. Mobile phone logs could confirm whether the device was in use. Eyewitness accounts from passengers or bystanders may support your version of events. The more evidence you gather, the stronger your position to challenge the charge.
Contacting a solicitor with expertise in defending motoring offences should be your first step. While it’s possible to represent yourself, navigating the legal system without professional help is risky. A solicitor with experience in mobile phone offences understands the specific rules, evidence requirements and common pitfalls that could affect your case.
Organise all documents and communications related to your charge. Keep letters or notices from the police or court, notes about the incident and copies of evidence like photographs or statements. A complete record helps you and your legal team build a strong defence.
When speaking with your solicitor or appearing in court, it’s important to maintain consistency in your account of events. Contradictory statements can undermine your credibility and weaken your defence. Make sure you discuss your case fully and honestly with your legal representative so they can prepare for any challenges.
Defending a charge for using a handheld mobile phone while driving goes beyond avoiding fines or penalty points. It’s about safeguarding your driving record. A conviction could increase insurance costs, harm job prospects and result in your licence being lost. With the right approach and support from an experienced legal team, you can confidently handle this challenging situation.
The law applies even when the vehicle is stationary, such as at traffic lights or in a queue. Even if your engine automatically switches off in traffic or at lights you still cannot use a device. The only exception is if the car is parked with the engine off.
Receiving further penalty points can lead to a totting up driving ban. This may result in a longer disqualification, especially if you have a history of repeated offences.
This is allowed as long as your hands-free phone is securely mounted, and you do not physically touch the device. However, if the police believe your device caused distraction or loss of proper control, you could still face penalties.
The law applies to all drivers, including learner drivers.
Yes, but only if the phone is mounted in a secure holder and not handled while driving. Plan your route before you set off or when you’re safely parked.
Police evidence can be scrutinised for inconsistencies, errors or lack of clarity. Our team can identify weaknesses in the case and use them to build your defence.
Reach out to us today for a free, no-obligation consultation by calling 0800 1380 458, or contacting us through the website.
Sarah Myatt joined Sky News crime correspondent Martin Brunt and journalist Helen Fospero on an exclusive true crime podcast ‘True Criminals’. The episode, ‘Wrongfully Convicted: The Peter Sullivan Story’ discusses the recent quashed conviction of Peter Sullivan, the UK’s longest serving victim of a miscarriage of justice.
Sarah Myatt, Solicitor Advocate and legal representative for Peter Sullivan, has spoken to Phil McCann at the BBC about the government’s proposed uplift in compensation for victims of miscarriages of justice.
The proposals made by the sentencing review are practical and rooted in a clear understanding of what drives reoffending, the question is: do they go far enough?
A landmark Court of Appeal ruling has quashed the conviction of Peter Sullivan - the UK’s longest serving victim of a miscarriage of justice - following a two decade-long campaign led by law firm Switalskis.
Our criminal law solicitors are experts in defending charges for using a handheld mobile phone or other device while driving. When you work with us, you can expect the following:
Charges related to mobile phone use while driving can feel overwhelming, with unfamiliar legal terms and processes. We’ll break everything down for you, answer your questions and simplify the details. Our goal is to ensure you understand what’s happening at every stage so you can make well-informed decisions.
We know how worrying it can be to face a driving offence charge. That’s why we take the time to listen, understand your concerns, and provide advice tailored to your needs.
Defending against a charge for using a handheld device or mobile phone while driving requires an experienced and reliable legal team. At Switalskis, we bring years of expertise and a proven track record of successfully handling motoring offence cases. Our results reflect our commitment to achieving the best possible outcomes for our clients.
We believe in ensuring your voice is heard and your rights are protected at every stage of the legal process.
Facing a charge of using a phone while driving can be stressful, but you don’t have to face it alone. Call us today on 0800 1380 458 or contact us through our website to get started.