Guide to Mobile Phone Use While Driving

It is an offence to use a hand-held phone whilst driving. It is also an offence to use a hands-free device where you are not in proper control of your vehicle as a result.

Do I need an NIP (Notice of Intended Prosecution) for using a mobile phone while driving?

No, there is no requirement for an NIP for using a mobile phone while driving.

Alternative Charge

From 6 September 2007 the Police/CPS consider whether use of your phone (or MP3 player or satellite navigation system) was dangerous or careless. You may find yourself being prosecuted for either of these offences, with dangerous driving being the starting point, and if you caused a fatality there is a real risk that a manslaughter charge could be on the cards. This is a hot-topic for the politicians with the press at their heels.

Punishment

Up until 27 February 2007 this was a fine of £30. From that date the punishment increased to £60 and 3 points.

Defences

These are limited to using the phone for a genuine emergency if it is hand-held. For hands-free offences a challenge can be brought as to whether you were still in control, but if you had an accident this will be an uphill battle.

Disclaimer The contents of these pages are provided as an information guide only and are limited to offences committed in England and Wales. No responsibility is accepted for any errors, omissions, or misleading statements on these pages or any site to which these pages connect, including any feature or aspect of such site or pages, whether provided by Motor Defence Solicitors or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Motor Defence Solicitors.