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Using a mobile phone while driving

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The motoring team at David Gray is fully operational and working from home to help and advise you. We are contactable by telephone, email and video conference. Please contact us on 0191 232 9547.


Our motoring lawyers are experts in offences where you have been accused of using a mobile phone while driving. We are based in Newcastle upon Tyne and South Shields, and offer representation throughout the North East. Our solicitors have many years’ experience and are best ranked in the North East.

Penalty for using a mobile phone while driving

From 1 March 2017, the penalty for driving a vehicle while using a mobile phone increased to 6 penalty points and a fine of up to £1,000 (or £2,500 if you are driving a lorry or a bus).

This means that if you are a new driver (within two years of passing your driving test) and are convicted of this offence, you will have your licence revoked this means you will revert to being a learner driver and have to re-sit both parts of your driving test.

All drivers will face a totting-up disqualification if you are caught using a phone twice in a three-year period, or have 6 penalty points for any other motoring offence within a 3-year period.

When can you use a phone while driving?

Driving is not restricted to the vehicle moving forward or in reverse. It includes being stationary in traffic or even pulled to the side of the road if the engine is running. You can only use a handheld phone if you are safely parked or need to call 999 or 112 in an emergency and it is unsafe or unpractical to stop.

You can use hands-free phones, sat navs and two-way radios when you’re driving. But if the police think you’re distracted and not in control of your vehicle you could still get stopped and prosecuted for an offence of careless driving.

Supervisors beware – it is an offence to supervise a learner driver while using a hand-held mobile telephone.

With these potential consequences, it is more important than ever that drivers stopped by the police to seek the best advice immediately. If you are cautioned by the police, you have the right to legal advice before answering ANY questions.

Avoiding penalty points and driving disqualification

You can avoid penalty points or disqualification from driving depending upon the circumstances surrounding the allegation or your personal situation.

If you receive 12 or more penalty points within a three-year period, you should be disqualified under the Totting-Up system. However, you can avoid disqualification if you can prove that you would suffer “exceptional hardship”.

Our Fees

In accordance with rules published by the SRA, as of December 2018 all firms offering this type of work must publish details of prices and personnel undertaking the work.  Please see our dedicated fees page for more information.

The team specialising in this area of work

  • Solicitor
  • Solicitor
  • Solicitor
  • Solicitor
  • Legal Assistant
  • Legal Assistant