Driving Offences — Mobile Phone
Mobile Phone Driving Offence Solicitors in Chester
Charged with using a handheld mobile phone while driving? Since March 2022, the penalty is 6 points and a £200 fine. Our specialist mobile phone offence solicitors challenge the evidence and protect your licence.
Caught driving on your phone? The law now covers virtually any use of a handheld device — including scrolling, taking photos, and checking notifications. We advise on your options and the best strategy for your case.
The Law on Mobile Phone Use While Driving
The Road Traffic Act 1988 (as amended by the Highway Code 2022) makes it an offence to use a handheld mobile phone or similar device while driving. The law was significantly strengthened in March 2022 to cover virtually any use of a handheld device — not just calls and texts.
The offence applies whenever you are driving — including when stationary at traffic lights, in a traffic queue, or waiting at a level crossing. You must be parked with the engine switched off to use your phone legally.
For new drivers (less than two years since passing their test), 6 penalty points will result in automatic licence revocation — meaning they must retake both the theory and practical tests.
Penalties (Since March 2022)
How We Can Help
- Challenge identification evidence
- Challenge whether device was handheld
- Challenge whether you were driving
- Procedural challenges
- Exceptional hardship (if totting up)
Frequently Asked Questions
What is the penalty for using a mobile phone while driving?
Since March 2022, the penalty for using a handheld mobile phone while driving is a £200 fixed penalty and 6 penalty points. New drivers who have held their licence for less than two years will have their licence revoked if they receive 6 points.
What happens if you are caught driving on your phone?
If caught driving on your phone, you will typically receive a fixed penalty notice of £200 and 6 penalty points. If you contest the offence and it goes to court, the fine can be up to £1,000. New drivers face automatic licence revocation. Our mobile phone offence solicitors can advise on whether you have grounds to challenge the charge.
What counts as "using" a mobile phone while driving?
The law was updated in March 2022 to cover any use of a handheld device while driving — including scrolling, taking photos, playing games, and checking notifications — not just making calls or sending texts. The device must be held in your hand.
Can I use my phone at a red light?
No. The offence applies whenever you are driving, including when stationary at traffic lights or in a traffic queue. You must be parked with the engine off to use your phone legally.
Is hands-free use of a mobile phone legal?
Hands-free use (where the phone is mounted and you do not hold it) is not covered by the handheld device offence. However, if your driving is impaired by using a hands-free device, you could still be charged with careless or dangerous driving.
Can I challenge a mobile phone driving charge?
Yes. We can challenge the identification evidence (was it definitely you driving?), whether the device was actually in your hand, whether you were actually driving at the time, and whether the correct procedure was followed by the police.
Will 6 points for a mobile phone offence affect my insurance?
Yes. 6 penalty points will typically increase your car insurance premium significantly. For new drivers, 6 points within two years of passing your test results in automatic licence revocation — meaning you must retake both the theory and practical tests.
Do you advise mobile phone offence clients in North Wales?
Yes. We regularly advise clients charged with mobile phone driving offences across North Wales — including Wrexham, Flintshire, Deeside, Denbighshire, Conwy and Anglesey. We can advise remotely by phone or video call, or you can visit our Chester office which is easily accessible from North Wales via the A55 and A483.
What is the fixed fee for mobile phone driving offence defence?
Our fixed fee for mobile phone driving offence Magistrates Court representation starts from £600 including VAT. This covers your initial consultation, review of prosecution evidence, advice on plea and likely outcome, and representation at the Magistrates Court hearing. The exact fee is confirmed in writing before you instruct us.
Transparent Pricing
Fixed Fees for Mobile Phone Offence Defence
We publish our fees upfront. Fixed fees are confirmed in writing before you instruct us. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Mobile phone offence — Magistrates Court | From £600 |
| Exceptional hardship argument (if totting up) | From £1,020 |
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He regularly defends mobile phone offences — challenging the evidence and advising on the most effective strategy to protect your licence. With six penalty points now imposed for a first offence, the stakes are high, and Ritesh works hard to achieve the best possible outcome. He represents clients across Chester, Cheshire, North Wales and throughout England and Wales.
Charged with a Mobile Phone Offence?
Contact our road traffic solicitors in Chester today for a free, no-obligation consultation.
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