It is an offence to use a handheld mobile phone whilst driving. The offence carries a fine of up to £1,000 and 6 penalty points. £2,500 if you are driving a bus, coach or HGV. It can be dealt with by way of a fixed penalty notice, which will be £200 fine and 6 penalty points.
If you are likely to get 12 points or more if prosecuted for the mobile phone offence?
The police must prove that you were using the phone at the time you were driving and it is not necessary for to prove that your driving was affected. You must keep evidence of your phone records to show a lack of use as often the police will not examine your phone even when invited to do so and if they do they often do not keep a record of that.
There are a number of possible defences to the offences such as you were not
- driving the vehicle at the time
- you were not using the device at the time of driving
- you were responding to an genuine emergency and it was unsafe or impracticable to stop
The offence can relate to any form of telecommunication electronic device such as a personal computer or satellite navigation system.