The Offence
using a hand-held phone whilst driving
Likely Punishment
£60 and 3 points
Defences
show that the phone was used for a genuine emergency
Related Offences
It is an offence to use a hand-held phone whilst driving. It is also an offence to use a hands-free device where you are not in proper control of your vehicle as a result.
No, there is no requirement for an NIP for using a mobile phone while driving.
From 6 September 2007 the Police/CPS consider whether use of your phone (or MP3 player or satellite navigation system) was dangerous or careless. You may find yourself being prosecuted for either of these offences, with dangerous driving being the starting point, and if you caused a fatality there is a real risk that a manslaughter charge could be on the cards. This is a hot-topic for the politicians with the press at their heels.
Up until 27 February 2007 this was a fine of £30. From that date the punishment increased to £60 and 3 points.
These are limited to using the phone for a genuine emergency if it is hand-held. For hands-free offences a challenge can be brought as to whether you were still in control, but if you had an accident this will be an uphill battle.
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