Have You Been Caught Driving While Using a Mobile Phone? What You Need to Know

Mobile phone usage while driving has become an increasing concern on UK roads. The temptation to check a message, take a call or change the song can often outweigh our better judgement, but the consequences can be severe.

However, you may be surprised to learn that there are some ways that a mobile phone or another device can be used in compliance with mobile phone driving laws. Due to new smart technologies becoming more integrated into our lives, the laws surrounding handheld mobile phone use can be grey.

If you have been caught using a mobile phone while driving, you may be facing a fine or even a disqualification from driving. In the following guide, the motoring offences experts at JMW explain the key considerations you should make regarding phone offences and how you should navigate your situation.

Understanding the Risks

Distracted driving is a significant contributor to road accidents worldwide. The momentary lapse in concentration when checking a message, answering a call or browsing the internet can have catastrophic consequences, even if you do so at the traffic lights. You should not use your phone at any point while your car engine is running, or you may be prosecuted. Before you do so, you should make sure you are safely parked.

There are a few ways using a mobile phone while driving can affect your ability to drive safely:

• Reaction time: mobile phone use while driving slows reaction time, comparable to the effect of driving under the influence of alcohol.
• Reduced awareness: even hands-free conversations can reduce the driver's ability to focus on the road, interpret traffic situations and respond appropriately, resulting in a lack of proper control.
• Impaired judgement: being engaged in a conversation or reading text can divert cognitive resources away from driving, leading to poor decision-making.

Penalties for Using a Mobile Phone While Driving in the UK

The UK government recognises the serious risk posed by drivers using their mobile phones while driving and treats the offence as an 'absolute' offence. Here's an expanded breakdown of the repercussions you might face:

• Fixed Penalty Notice (‘FPN’): the most immediate consequence for many caught using their mobile phone while driving is the issuance of an FPN. This comes with a maximum fine of £200 and six penalty points added to your driving licence.
• Newly-qualified drivers: if you've only recently passed your driving test (within the last two years), being caught just once using your mobile phone can result in the revocation of your licence. This means you have to retake both the theory and practical elements of your driving test.
• Accrual of penalty points: for drivers who have had their licence for over two years, accumulating 12 or more penalty points within a three-year period can result in disqualification. This can range from six months for a first-time disqualification or up to two years if disqualified twice within three years. The penalty points you receive from an FPN will remain on your driving record for four years with the DVLA.
• Insurance implications: once you have penalty points on your licence, insurance premiums are likely to rise. Insurers view drivers with offences as higher risk, and this is reflected in their increased insurance costs. In some cases, insurers might even refuse to provide cover.
• Professional repercussions: for those who drive as part of their profession or rely on their car to get to work, penalties for mobile phone use can impact job prospects and employment. Some employers have strict policies around driving endorsements that can affect both current employment and future job opportunities.

If you were deemed to be driving dangerously as a direct result of mobile phone use, you might face far more serious consequences. This could mean a much larger fine, a longer disqualification or even a prison sentence. For example, causing death by dangerous driving while using a mobile phone carries a maximum penalty of life imprisonment for offences committed after 28 June 2022; otherwise 14 years’ custody.

Safer Alternatives to Mobile Phone Use While Driving

Whilst you should never take your eyes off the road, there are a number of ways you can access your phone while driving if you really need to. Consider the following tips to avoid making any potentially dangerous mistakes on the road:

• Hands-free phone use: modern cars are frequently equipped with Bluetooth connectivity, allowing drivers to link their phones to the car's audio system. This enables you to make and receive calls without physically holding or looking at the phone. Ensure your phone is set up with the car's system before you set off.
• Voice-controlled assistants: many smartphones come with voice-activated assistants like Siri or Google Assistant. These can be used to send texts, make calls or set reminders without touching the phone. Familiarise yourself with voice commands and ensure they work smoothly.
• Prepare before you travel: before setting off, take a few minutes to set up your GPS, playlists or podcasts. If you anticipate important calls or messages, inform contacts in advance that you'll be driving and may not be able to respond immediately.

What to Do if You've Been Caught Using Your Phone While Driving

If you are pulled over by the police or are reported to have been using a mobile phone while driving, the following steps you take will determine the consequences. Here is a general guide on what you can expect and what you should do:

• Seek legal advice: as soon as you can, consult a solicitor who specialises in motoring offences - such as those at JMW. Our team can provide guidance on your situation and help you through the entire process. It is essential that you seek advice from a solicitor before you say or do anything that may be seen as admitting responsibility.
• Consider accepting the FPN: if you believe the charge is fair, accept the FPN and pay the fine within the stipulated time frame. Attempting to dispute a motoring offence and failing can have more severe consequences than simply accepting your charges. Before making any decision, discuss your situation with your solicitor.
• Challenge the FPN: if you believe you were wrongly charged, you can choose not to accept the FPN and contest it in court. Only do so with the help of an expert solicitor.
• Attend a driver awareness course: the police or court may offer this as an alternative to a fine and points, especially for first-time offenders. It's designed to educate drivers about the dangers of distracted driving. However, it is not guaranteed that you will be offered this option so you should not rely on it as a get-out-of-jail-free card.
• Reflect and adjust behaviour: regardless of the outcome, take this as an opportunity to reflect on the dangers of using a phone while driving. Consider investing in hands-free systems or using driving modes on your phone that limit notifications.

What is the Process of Defending a ‘Using a Mobile Phone While Driving’ Offence?

Defending a mobile phone while driving offence in the UK can be a complex process, given the serious nature of the offence and the potential penalties involved, but this can be made significantly easier with the help of a professional solicitor. Here's a general overview of the process:

1. Understand the charge: before you can defend yourself, you need to know exactly what you're being accused of. The law primarily relates to using a handheld mobile device while driving, so if you can prove that the device was hands-free or you were not using it, you may have grounds for defence. Your solicitor will help by explaining the offence and how it applies to your circumstances.
2. Gather evidence: evidence is an essential part of any legal dispute as it offers a tangible explanation for why you did or didn't act in the way you have been accused of. Evidence can be anything from witness statements, phone records or dashcam footage, and may help you to dispute your liability or even the police's conduct.
3. Attend the hearing: if you choose to contest your FPN, you will need to attend a court hearing. Here, both sides will present their evidence and you (or your legal representative) will have an opportunity to defend your position.

Possible Defences for Mobile Phone Use While Driving

• Necessity: this is a challenging defence to prove but may be relevant if you had to use your phone in an emergency and there was no other option available.
• Not in operation: if you can prove that the vehicle was stationary and the engine was turned off (e.g. parked properly, not just in a queue or at traffic lights), you might have a case.
• Incorrect identification: if it can be proven that the device in question wasn't a mobile phone or that you were not the driver at the time, these could serve as defences.

If you are successful, your charges may be reduced or dropped completely. Your solicitor will discuss the chances of this happening before you decide to dispute the offence.