Using a mobile phone while driving is one of the most dangerous distractions on the road. It increases the risk of accidents, endangers lives, and can lead to severe consequences. In the UK, the government has implemented strict laws to curb this unsafe behavior, making it vital for drivers to understand the potential consequences. This article will explore the penalty for phone use while driving and why it’s important to avoid distractions on the road.
At Motoring Defence, we specialize in helping drivers navigate legal challenges related to motoring offences. If you’ve been caught using your mobile phone while driving, we’re here to provide expert advice and defense strategies to protect your rights and minimize penalties.
The Law on Mobile Phone Use While Driving
The law regarding mobile phone use while driving is clear: it is illegal to hold or use your phone while driving or riding a motorcycle. This applies whether you are making a call, texting, or using your phone for any other purpose, including using maps or apps. The law is in place to prevent distracted driving, which is a leading cause of road accidents.
The penalties for breaking this law are severe, with the penalty for phone use while driving having increased significantly in recent years. The goal is to discourage this risky behavior and promote safer roads for everyone.
What Is the Penalty for Phone Use While Driving?
If you are caught using your phone while driving, the consequences can be serious. The penalty for phone use while driving currently includes:
- Six penalty points on your driving licence.
For many drivers, this alone can be devastating, as accumulating 12 or more penalty points within three years can lead to a driving ban.
- A £200 fine.
The fine is immediate, and for new drivers who have passed their test in the last two years, receiving six penalty points can result in the loss of their driving licence entirely.
- Court prosecution.
In some cases, drivers caught using their phones behind the wheel may be taken to court. If this happens, the penalties can escalate, with fines increasing up to £1,000 or more and even the possibility of a driving disqualification.
The penalty for phone use while driving is designed to send a strong message to drivers about the importance of keeping their focus on the road. These penalties are not just financial or about points; they can affect your ability to continue driving, your insurance premiums, and even your job if driving is a key part of your employment.
Exceptions to the Rule
While the law is strict, there are a few exceptions where using your phone may be permitted while driving. You are allowed to use your phone hands-free, such as via a Bluetooth headset, voice command, or a dashboard holder, as long as you’re not holding the device. It’s also important to note that in an emergency, you are permitted to use your phone while driving if it is unsafe or impractical to stop.
However, even with hands-free devices, you can still be penalized if the police believe you are not in full control of your vehicle. At Motoring Defence, we often encounter drivers who believe they were following the law but are still penalized. In these cases, we provide expert legal defense to challenge the charges.
How to Defend Against a Penalty for Phone Use While Driving
Being accused of using a mobile phone while driving can be a stressful experience. If you believe you have been unfairly penalized, it is essential to seek legal advice as soon as possible. At Motoring Defence, we have extensive experience defending clients against motoring offences, including the penalty for phone use while driving. We will carefully examine the evidence and build a strong defense on your behalf.
Common defenses we explore include:
- Incorrect identification.
Sometimes, the authorities may have mistaken your actions, believing you were using your phone when you were not. This can happen if you were adjusting other controls in your vehicle or using a hands-free device.
- Emergency situations.
If you were using your phone in an emergency, such as calling 999 or 112 when it was unsafe to stop, this may be a valid defense.
- Lack of evidence.
For a conviction, the prosecution must provide sufficient evidence that you were holding and using the phone while driving. Without clear and conclusive evidence, there may be grounds to dispute the penalty.
Our team will review the details of your case, including the police report, any photographic evidence, and witness statements, to determine the best course of action. We’ll work tirelessly to protect your driving licence and minimize the consequences of the penalty for phone use while driving.
Why Choose Motoring Defence?
we understand the serious impact that a motoring conviction can have on your life. From hefty fines to points on your licence, the penalties for motoring offences can lead to long-term repercussions. That’s why we offer expert legal representation to help drivers navigate the complexities of the law and defend their rights.
Here’s why you should choose us:
- Specialist motoring law expertise.
Our team focuses solely on motoring offences, giving us deep insight into the legal system and strategies for defending against charges.
- Personalized service.
We know that every case is unique, and we offer tailored legal advice based on the specific details of your situation. We will take the time to understand your case and provide the best possible defense.
- Proven success.
Our lawyers have a track record of achieving positive outcomes for clients, including reduced penalties, overturned convictions, and dismissed cases.
- Clear communication.
We keep you informed at every step of the process, ensuring you understand your options and feel confident in your defense.
Conclusion
Using your mobile phone while driving is not only dangerous but also carries significant legal penalties. The penalty for phone use while driving can result in points on your licence, hefty fines, and even a driving ban. At Motoring Defence, we are committed to helping drivers defend their rights and protect their licences from unfair penalties. If you’ve been accused of using your phone behind the wheel, contact us today for expert legal assistance and representation.