Defending A Mobile Phone Charge

This has recently become a much more serious driving offence thanks to a change in legislation. A new driver can expect to have their licence revoked, even if it’s their first offence.  The rest of us face a doubling of the fine to £200 and 6 penalty points which has the potential to push some people over the disqualification threshold of 12 points.

Here at Motoring Defence we have specialist expertise in the use of mobile equipment whilst driving and we’ll be happy to advise you on the types of defence you could mount based on the individual circumstance in which you were accused of committing the offence.

Pete Gotch

I’m Pete Gotch, a former traffic police officer and specialist motoring defence lawyer.  I’m unlike most solicitors, I’ve worked on the inside and I know how the system works. With me, you’ll get a jargon-free appraisal and someone who will get straight to the point.

For a free initial consultation call me now on 0800 612 4859 or email me via the contact box on the right.

Contact us now for a FREE case appraisal

Most disputes are factual, in other words, a police officer is mistaken as to what he or she saw.

Remember that the view of someone allegedly using a phone is likely to be from one moving vehicle to another. There may have been obstructions or generally poor visibility rendering the officers evidence unreliable.

Maybe you were on private land at the time and not on a public road or maybe the vehicle was stopped and not actually moving as the moment you were accused of the offence.  If you were making a call to the emergency services at the time this is often enough to avoid a penalty.

Just holding the phone isn’t an offence in itself so if you were not ‘using’ it at the time then it should be possible to build a successful defence and possibly even stop the case from getting to court. We can often obtain phone records showing that the phone was not in use at the time.

This particular driving offence is a little less black and white than some others so we’d advise an early call if you’ve been accused so we can advise you on the next steps to avoid a penalty.


If you’ve been charged with driving whilst on the phone then we’re available 24/7 at Motoring Defence to advise you on the next steps and how best to fight your case.  Just call us on 0800 612 4859.