What is the sentence for using a mobile phone whilst driving?

Stricter Mobile Phone Laws While Driving

In March 2022, a law update tightened rules on mobile phone use while driving to close loopholes. The word ‘’use’’ now involves any form of use and not just making and receiving phone calls.  You are now unable to hold a mobile phone whilst driving whether you are using it or not.  The most common recognised usage includes texting, facetiming and the use of any apps or searching on a browser.

Penalties for Mobile Phone Use

The event results in six penalty points on your licence and a compulsory fine based on your weekly income. The police usually issue a fixed penalty notice, as the offence only allows six penalty points. This avoids the Court process, which incurs additional fees. In cases where disqualification is a risk, you may be called to Court. If found guilty, the six penalty points remain on your licence for three years from the conviction date.

Totting Up Disqualifications

If you already have six or more penalty points on the offence date, you risk a minimum six-month disqualification. When a motorist accumulates twelve or more penalty points, they are called to Court and sentenced under totting-up provisions.

Avoiding a Driving Ban

The Court have the power to impose a six month minimum totting up ban.  A possible solution to avoid the six month totting up ban is to forward an exceptional hardship application.  If it is proven that the totting up disqualification will inflict exceptional hardship then the Court can pardon the disqualification.  However, the penalty points will still be endorsed on the licence.  This means that if you were to commit any further offences before any of the penalty points expire, you could be called back to Court.

An exceptional hardship application cannot be used more than once within any three year period.  If the Court deny the exceptional hardship application then a six month driving ban is possible.  Once you have completed the disqualification, all penalty points will be wiped off your licence and you will be left with a clean licence.  There is the right of appeal.

Alternative Offences and Charge Reductions

Where a motorist states they were not using a mobile phone and that they were distracted due to something else, it is possible to negotiate a request with the CPS to reduce the charge to a slightly different offence ‘’driving a vehicle without proper control’’.  This offence holds a less serious punishment.  For driving a motor vehicle without proper control the Court can impose three penalty points, whereas for the use of a mobile phone the Court can endorse six penalty points.  This lesser charge is popular with motorists who already have penalty points on their licence, and also for new drivers as it could prevent the new driver licence being revoked.

Seeking Legal Advice

It is important to recognise that most cases of the use of a mobile phone stem from eye-witness accounts from police officers and therefore they are often difficult to challenge.  That being said, if you want to challenge the charge for the use of a mobile phone whilst driving, please call 01256 320555 or email us at mail@clarkeandson.co.uk for initial legal advice.