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Driving whilst using a mobile phone

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Using a mobile phone or any handheld device while driving is one of the most common road traffic offences prosecuted in the UK today. What may seem like a quick glance at a message or a brief call can have serious legal consequences.

What is a handheld device?

A mobile phone or other device is treated as hand-held if it is held at some point during the course of making or receiving a call or performing any other interactive communication. Interactive communication function includes sending or receiving texts, emails, photos and videos, and accessing the internet.

Simply holding a mobile phone or device whilst driving, can amount to an offence under this act.

What amounts to an ‘interactive communication function’ was recently considered by the courts. In the case of Bendt v CPS [2022] EWHC 502 a conviction for using a mobile phone whilst driving was upheld where the defendant was using his phone to change music whilst connected via Bluetooth to his car stereo system. The court was satisfied that the defendant’s use of his mobile telephone in these circumstances amounted to an interactive communication function.

Exceptions

  • In an age where more and more people are now using their mobile phone as their means to pay, for example by way of Apple Pay, the update in legislation permits the use of a mobile phone or other device to pay at drive through food and drink locations.
  • If you need to call 999 in an emergency and its unsafe or impractical to stop.
  • You’re safely parked

Penalties

You can receive 6 penalty points and a fine if you hold or use a handheld device or other interactive communication devices.

How can Johnson Astills assist?

If you find yourself facing an allegation of using a handheld device whilst driving or any other motoring offence it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law and motoring offences, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with driving offences at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any motoring offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.

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