Motoring Offences

Mobile Phone Offences

CU80 defence and contesting hand-held device allegations.

Using a handheld mobile phone or other interactive communication device while driving carries six penalty points and a fine — doubling from the previous penalty following a change in the law in 2017. For new drivers within their first two years of driving, six points means an automatic revocation of their licence. For experienced drivers already carrying points, a mobile phone conviction can push them towards or over the totting up threshold. BW Solicitors defends mobile phone driving charges across Ilford and London.

Important Notice

⚠ New drivers who receive six penalty points within the first two years of passing their test will have their licence revoked automatically and must re-sit both theory and practical tests. A mobile phone offence alone is sufficient to trigger this consequence.

The Law on Mobile Phones While Driving

The law governing mobile phone use while driving changed significantly on 25 March 2022 with the coming into force of the Road Traffic Act 1988 (Prescribed Devices) Order 2022. The new law is broader than the previous provisions and prohibits the use of a handheld device to perform an interactive communication function — which includes not only calls and texts but also scrolling through social media, taking photographs, and similar actions — while driving or supervising a learner driver. The offence is contained in Regulation 110 of the Construction and Use Regulations as amended.

Using a handheld device to communicate — calls, texts, messaging
Scrolling through social media or websites
Taking photographs or filming
Using sat nav functionality on a handheld phone
Supervising a learner driver whilst using a handheld device
Six penalty points and a fine on conviction
New drivers — automatic licence revocation on six points

Possible Defences

There are a number of potential defences to a mobile phone driving charge. The prosecution must prove that you were using the device, that it was handheld, that it was being used for an interactive communication function, and that you were driving at the time. There are specific exceptions — for example, using a device to make a 999 emergency call where it is unsafe to stop, or where the device is being used to make a contactless payment at a drive-through window while stationary. Our solicitors will review the evidence carefully.

The device was not being held — it was in a cradle or fixed mount
The device was not being used for an interactive communication function
The vehicle was not moving and the engine was not running in certain circumstances
Emergency exception — using the device to call 999 where it was unsafe to stop
Challenging CCTV, dashcam or officer evidence of the alleged use
Misidentification of the driver

Exceptional Hardship Where Points Risk a Ban

If a mobile phone conviction would take you to twelve or more points and trigger a totting up disqualification, it may be possible to argue exceptional hardship. Our solicitors are experienced in presenting these arguments and will advise you on your prospects and the evidence required to support the application.

Why Choose BW Solicitors?

Mobile phone driving offences are prosecuted with increasing vigour, and the consequences — particularly for new drivers or those already carrying points — can be severe. Our motoring solicitors will review your case carefully and advise you on every available option. We serve clients across Ilford, East London and Greater London.