You can be prosecuted if you use your mobile phone whilst driving to make a call or to text someone which is punishable with 3 penalty points and a fine.
Using a Mobile Phone Whilst Driving
The punishment could include a custodial sentence if the use of a mobile phone has resulted in a clear danger to other road users which may result in a charge of dangerous driving.
Expert Motoring Offences Solicitors
At GT Stewart Solicitors & Advocates, we understand that being charged with a motoring offence can be stressful, disruptive, and carry serious consequences. From speeding and driving without insurance to more serious allegations such as dangerous driving or driving under the influence, our specialist motoring offences team provides expert advice and representation at every stage of the process.
We guide our clients through police investigations, court proceedings, and potential licence or penalty issues, ensuring that all legal options are carefully considered. Our approach combines practical solutions with a strategic focus on protecting your driving record, liberty, and future.
Whether you are facing a single motoring charge or complex, multiple allegations, our solicitors act quickly to provide clear advice, robust representation, and support tailored to your circumstances.
Experienced Motoring Offences Lawyers
Our specialist motoring offences team has extensive experience representing clients facing a wide range of road traffic matters, from speeding, careless or dangerous driving, to more serious allegations such as driving under the influence or driving without insurance. We provide clear advice and representation at every stage, including police investigations, court proceedings, and licence-related matters.
We can help dramatically improve your chances of being found not guilty or avoiding disqualification. Email GT Stewart at roadtraffic@gtstewart.co.uk to speak with a member of our specialist motoring law team, or use our online enquiry form. We will respond at a time and date convenient to you, ensuring that you receive prompt, personalised advice tailored to your case.
Using your Mobile Phone Whilst Driving
We would strongly recommend that you contact GT Stewart at roadtraffic@gtstewart.co.uk to obtain the best possible legal advice for your case. We can challenge the prosecution evidence on your behalf and provide you with the best result possible in your particular case.
When can I be charged with the use of a mobile phone whilst driving?
- Sending or receiving a text or oral message
- Making a call
- Using your phone in stationary traffic (unless your engine is switched off)
- If you are supervising a learner driver and using a mobile phone
If you are an employer, you can be prosecuted for allowing or requiring your employees to answer the phone whilst driving
New Laws Anticipated
There are plans to amend the current legislation to make it unlawful to hold a mobile phone (for any reason) whilst driving. This means that you will no longer be exempt from punishment when taking photos or scrolling through your music list.
Our Services
At GT Stewart Solicitors, our specialist motoring offences team provides clear, practical advice across the full range of road traffic matters. Whether you are facing a speeding allegation, a drink or drug driving charge, or a more serious offence such as dangerous driving, early legal advice can make a significant difference to the outcome of your case.
We understand that for many clients, their driving licence is essential for work, family responsibilities, and day-to-day life. Allegations can carry penalty points, fines, disqualification, or even imprisonment. Our experienced lawyers will assess the evidence, advise you on your options, and build a strong defence where appropriate.
Below you will find guidance on the most common motoring offences we deal with, together with practical information about the legal process and how we can help protect your licence and your livelihood.
Click below to read detailed advice on each motoring offence.
Parking Fines and Offences
Why Choose GT Stewart?
“We will do all the law permits to keep you on the road”
GT Stewart have a proven track record of success with defending driving offences and know exactly how to prepare an effective defence in order to give you the best chance of winning your case.
Our Expert Lawyers are ready to Help
GT Stewart has established itself as a leading firm in the UK, specialising in both private cases and also Legal Aid work.
Meet some of our Criminal Defence team
Speak to one of our Motoring Offences Solicitors
Our Tenacity Results in Success
We represented a teenage client who was charged with murder, two counts of attempted murder, and possession of a firearm with intent to endanger life.
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We represented an appellant whose conviction was referred to the Court of Appeal by the CCRC on the basis that there was no jurisdiction to hear one of the counts, as it involved alleged conduct committed outside the UK.
By | May 27, 2026
We represented a client in proceedings where the prosecution sought to invoke the “slip rule” under section 385 of the Sentencing Act 2020.
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Client Testimonials
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“I wanted to take a moment to thank you both [Max Konarek and Alison Barar] sincerely for the care, attention and professionalism you have shown in relation to this case….For a long time, I felt unheard and dismissed despite repeatedly trying to raise concerns, provide evidence and advocate…Reading the statement you prepared was the first time in a very long time that I felt genuinely reassured and optimistic that the truth may finally be presented properly and fairly before the Court. It gave me confidence that the wider context and reality of [our lives are] finally being understood. I truly believe that truth ultimately prevails and I cannot adequately express how grateful I am to both of you for listening carefully and treating these matters with seriousness and humanity…I appreciate that [my case requires] careful presentation and I trust your professional judgment completely.”
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