What Are The Defences For Using A Mobile Phone While Driving?

Updated 23.08.23

Driving whilst using a mobile phone is becoming an increasingly common offence.  There are, however, many defences that may be applicable.  The following are just a few examples.

What If I Was Not Holding My Phone?

In order to be guilty of this offence you have to have been actually holding the phone.  If you were not holding the phone, even though you were using it, then you would have a defence in relation to an allegation of this type.  For example, if you were using a hands-free set up.  However, it should be borne in mind that if you are supporting the phone between your shoulder and the side of your head, the courts will view you as holding the phone and convict you.

What If My Vehicle Was Stationary At The Time And The Engine Was Switched Off?

In order to be guilty of driving whilst using a mobile phone you have to be actually driving.  Therefore, if this was not the case you would also have a defence.  However, this defence would not work if the engine was running, even if your vehicle was stationary.  Therefore, you probably couldn't use this defence if you were using your phone while stuck in traffic.

What If I Was Using My Phone Whilst Driving On Private Land?

In order to be convicted of the offence of using a mobile phone you must have been driving on a road or a public place.  Therefore, if you were driving on private property you would have a defence.  It should be noted, however, that if you were driving in a carpark then almost certainly you would be found guilty of this offence, as this is normally treated as a public place.

What If I Was Using My Phone In An Emergency?

If you were using the mobile phone in a genuine emergency, for example to phone 999, you would probably have a defence to driving whilst using a mobile phone.

What defence no longer works for using a mobile phone?

To be guilty of driving using a mobile phone you used to have to be actually communicating.  However, there has now been a change in the law and this no longer applies.  Saying that you were just using the phone’s calculator, looking at photos, or even just to see the time, rather than for communication purposes, will no longer be a defence to this allegation. 

What is the punishment for using a mobile phone?

The offence of using a mobile phone while driving carries 6 penalty points but if the magistrates decide not to impose penalty points then they will have to disqualify you.  If you accumulate 12 penalty points or more on your driving licence then the magistrates have to disqualify you for 6 months or more, unless exceptional hardship is successfully argued.  Speeding Law Solicitors’ leading motoring law solicitor, Philip Hatvany, has over a 90% success rate at saving people’s licences who find themselves in this situation.  If you are accused of using a mobile phone whilst driving, or any other motoring offence,  then telephone Philip now for a FREE consultation on FREEPHONE 0800 909 8110.