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Texting While Driving / Using Mobiles
If you are accused of texting while driving, get in touch to book an appointment with one of our specialist driving offence solicitors.
Using mobiles while driving a vehicle is against the law. Even if you are queuing in stationary traffic or waiting at traffic lights, it makes no difference. Texting while driving, or interacting with your mobile phone, is still illegal and you would be committing an offence.
Understanding sentences
If you are caught using mobiles or texting while driving, you can get a Fixed Penalty Notice of £200 and 6 penalty points on your driving licence.
If I am charged
It is important to seek legal advice from a solicitor experienced in this area of law. This way, you will know you are receiving the most up-to-date advice, in order to achieve the best possible outcome for your case.
What does the law say about using mobiles while driving?
It is against the law to hold a mobile phone while driving. It does not matter what you are using the mobile phone for. In the past, it was only illegal for drivers to use their phones for communication purposes. Now, it is against the law for drivers to hold their phones for any reason.
Is texting while driving illegal?
It is illegal to handle your mobile phone while driving for any reason, including texting while driving. It has been an offence to use a hand-held mobile phone in order to undertake any form of interactive communication (such as texting) since 2003.
As mentioned above, it is now illegal to hold a mobile phone while driving for any reason, not just communication purposes.
Is using mobiles while supervising a learner driver illegal?
If you are supervising a learner driver, using a hand-held mobile (or similar device) is against the law.
Can I use my mobile phone as a satnav while driving?
Yes, as long as you are not physically holding your phone. However, you could still be prosecuted for driving without due care and attention, if you attempted to type in an address while you were at the wheel of a car.
You should use a mount to fix your phone to your dashboard or windscreen if you intend to use it as a satnav. The phone must not obstruct your view. You can then use a satnav app on your phone without having to handle it.
Are there any circumstances where I can use a hand-held phone behind the wheel?
If you are safely parked, you can use a hand-held phone while behind the wheel. Queuing in stationary traffic or waiting at traffic lights, are not included. Put simply, if your engine is on, you should not be handling your mobile phone.
Also, if you need to call 999 or 112 in an emergency, and it is impractical or unsafe to pull over, you may use your hand-held phone for this purpose while driving.
What is the penalty for using mobiles while driving?
If you are caught using mobiles or texting while driving, you can get a Fixed Penalty Notice of £200 and 6 penalty points on your driving licence.
If you passed your driving test in the last 2 years, you will also lose your driving licence.
If you do not have a full view of the road ahead or you do not have proper control of the vehicle (such as when using your phone as a satnav, for example), you can get 3 penalty points on your driving licence.
In some circumstances, you may be taken to court. In this case, the court may decide to disqualify you from driving and add penalty points to your licence, as well as fining you up to £1,000. This fine can increase to up to £2,500 if you are using mobiles or texting while driving a bus or a lorry.
The consequences for texting while driving or using mobiles for any reason while driving, can be severe. If you cause an accident and you are using mobiles or texting while driving, you could find yourself with other charges and even a prison sentence. For example, you could be charged with dangerous driving or death by dangerous driving.
Are there any defences to using mobiles while driving?
If you are making a call to the emergency services in response to a genuine emergency, and it is impractical or unsafe to stop, this can be a defence to using your hand-held phone while driving.
Can I use my phone while driving if I have hands-free access?
In order to use your mobile while driving, you should have hands-free access. This must be set up before you drive, so that you are able to take calls without holding your mobile phone.
Although there has been talk of banning even hands-free mobile phone use while driving, there are currently no plans to do this.
It is worth noting here that the police are able to pull you over if they believe you are distracted by using your phone while you are driving, even if you have set it up to be hands-free.
Can I lose my driving licence for using mobiles when driving?
Yes. If you have just passed your driving test in the last 2 years and you are caught using your hand-held phone while driving, you will lose your licence.
If you have held your driving licence for longer than 2 years, you could lose your licence if you receive 12 points on your licence in a three-year period. This could happen if you are caught using mobiles when driving just twice (6 points per offence).
Equally, you could be taken to court if your offence is particularly serious and could be disqualified from driving.
In addition to this, if you cause an accident while using your hand-held phone while driving, the consequences could be life-changing. If you cause death by dangerous driving while texting behind the wheel, for example, you could face a lengthy prison sentence of a maximum of 14 years and disqualification from driving for 2 years.
Why do I need a solicitor if I am caught using mobiles or texting while driving?
With the law recently changing, it is important to seek legal advice from a solicitor experienced in this area of law. This way, you will know you are receiving the most up-to-date advice, in order to achieve the best possible outcome for your case.
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