top of page
Using a phone while driving

Using a phone while driving

SKU: 8.06
  • Advice

    It’s illegal to hold a phone or sat nav while driving, you can however have hands-free access via a Bluetooth headset, or have your phone set up with Apple or Android car play software and used via voice commands. In these instances, it may be mounted on the windscreen or using a dashboard holder or mat. You can be prosecuted for the offence even if stationary at traffic lights or queued in traffic and potentially even as a passenger (if you are supervising a learner driver). The device must not block your view of the road and traffic ahead and you must stay in full control of your vehicle at all times.


    There are, as usual exceptions to the rules, in this case, they are: -

    • You can use your phone if safely parked (make sure the ignition is off, otherwise you could still be deemed in control of the vehicle);
    • You need to call 999 and it is unsafe or impractical to stop;
    • When stationary and using the phone to pay a motorway toll or bridge access charge; or
    • When stationary and using the phone to pay for food at a drive-through.


    Previously there was a loophole that meant people could get off the offence by saying they were using the phone to take videos, play games or even scroll through playlists – thankfully (for safety’s sake) these loopholes have now been filled.



    You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. If you are a new driver (under 2 years) you may have to retake your test. You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle. For the latest news on these and other offences, we suggest you check the latest edition of The Highway Code to explain the new measures.


    How we can help

    Assuming that you have been charged with such an offence then you would need to initiate a case without delay, upon starting your case your caseworker will create a briefing note for your legal team to examine the charge. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.


    Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.

Click hear to book your

free initial consultation:

bottom of page