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CALL US: 0330 818 9837

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Brilliant Legal Representation

“I was recently represented by Kang & Co Solicitors for a drink driving charge. From the initial telephone call it was clear that Kang & Co were experts in this field. They provided sound advice and diligently guided me through the process leading up to the court case. Through their legal representation I was able to avoid a community order and receive the best possible outcome for my case .”

Ollie, TrustPilot

Flawless Legal Help

“They had very little time to go ahead with getting all valid documents needed for my case, they were extremely efficient and great at calming me and keeping me updated with my case and it’s details with interviews and courtrooms to appear in, overall great experience with kang and co, I came out with a 2 year suspended sentence instead of a 1 year custodial sentence for GBH without intent. I now get to spend the time caring for my nan and helping with my family’s needs.”

L. Roddis, TrustPilot

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law and Driving Offences. We are ranked as a top tier law firm by The Legal 500 and Chambers and Partner’s prestigous law guides.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 330 High Holborn in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

birmingham office lawyers

Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

330 High Holborn Kang and Co Solicitors London

London Office

330 High Holborn
Holborn
London
WC2A 1HL

the pinnacle office

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes
MK9 1BP

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

Using a Mobile Phone Whilst Driving Solicitors

Specialist driving offence solicitors, barristers and legal team in Using a Mobile Phone whilst Driving cases. Our top rated motoring offence lawyers operate throughout England & Wales.

Kang & Co’s Driving Offences Solicitors have achieved excellent results at defending motoring offences such as using a mobile phone or other handheld interactive communication device. If you are being prosecuted for using a mobile phone whilst driving, call our specialist motoring legal team on 0330 818 9843 or send us a message via our Enquiry Form.

Kang & Co Solicitors is recognised as a leading law firm in the UK by Chambers and Partners and The Legal 500 law guides for motoring defence.

What is the law for Using a Mobile Phone Whilst Driving?

The offence of using a mobile telephone or other hand-held interactive communication device is contained within Section 41D(b) of the Road Traffic Act 1988.

Evidence

In most circumstances, this prosecution will be brought because a Police Officer has or believes he has seen a driver using a mobile phone whilst driving.

Where a trial would take place?

The offence of using a mobile telephone or other hand-held interactive communication device whilst driving is triable only summarily, this means that a trial would only take place in the Magistrates’ Court.

The Punishment for Using a Mobile Phone Whilst Driving?

As of 1st March 2017, if a person pleads guilty or is convicted of using a mobile phone whilst driving 6 penalty points will be endorsed upon the driving licence of the defendant. A driver education / training course is no longer available for this offence.

In addition to the mandatory 6 penalty points for using a mobile phone whilst driving, the Court can impose a fine of up to £1,000.00

Chambers and Partners 2024 Ranked Leading Law Firm

Chambers Top Ranked Law Firm

Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a Band A ranking in the category of Crime (this includes Driving Offences), the highest ranking that can achieved in the Chambers Guide.

Legal 500 Leading Firm

The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”

What is the law for Using a Mobile Phone Whilst Driving?

The offence of using a mobile telephone or other hand-held interactive communication device is contained within Section 41D(b) of the Road Traffic Act 1988.

Evidence

In most circumstances, this prosecution will be brought because a Police Officer has or believes he has seen a driver using a mobile phone whilst driving.

Where a trial would take place?

The offence of using a mobile telephone or other hand-held interactive communication device whilst driving is triable only summarily, this means that a trial would only take place in the Magistrates’ Court.

The Punishment for Using a Mobile Phone Whilst Driving?

As of 1st March 2017, if a person pleads guilty or is convicted of using a mobile phone whilst driving 6 penalty points will be endorsed upon the driving licence of the defendant. A driver education / training course is no longer available for this offence.

In addition to the mandatory 6 penalty points for using a mobile phone whilst driving, the Court can impose a fine of up to £1,000.00

AGREED FEE DRIVING OFFENCE LAWYERS

 Our Agreed Fees for Motoring Offence cases with a specialist Driving Offence Solicitor start from;

£1800 + VAT

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Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.

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Using a Hands-Free Mobile Phone Whilst Driving

You can use a mobile phone if it is fully hands-free, for example a mobile phone connected via an in-built car system. A driver is not allowed to pick up the mobile phone and operate it whilst driving, even if this is momentarily. It is often in these circumstances that a Police Officer may see a motorist using a mobile phone whilst driving.

To avoid the risk of being prosecuted for using a mobile phone whilst driving, your hands-free device should be fully set up and connected before you start driving, so you can make and take calls without handling the device.

A Police Officer still possess the power to stop you if the Police Officer believes you have been distracted by a mobile telephone while driving, even if the mobile phone is fully hands-free. Many road safety groups believe mobile phones should be completely switched off while driving, to avoid the risk of distractions and collision.

Using your Mobile Phone for Navigation

If you are using your mobile phone as a navigation device whilst driving, it should be properly fixed to your windscreen or dashboard and the mobile phone should not obstruct your view of the road. The destination should be entered before you start driving and you should not use the phone whilst driving, as you could be prosecuted for using a mobile phone whilst driving.

The Offence of Using a Mobile Phone Whilst Driving

You could be prosecuted if you are driving and handle your mobile phone in the following circumstances:

  • Whilst being stopped at traffic lights;
  • Make or receive phone calls;
  • Whilst queuing in traffic;
  • Accessing the internet
  • Sending or receiving pictures or text messages
  • Using mobile apps
  • Taking photographs or videos

What the Prosecution Need to Prove

The prosecutor must prove to the Magistrates’ Court, beyond reasonable doubt that the Defendant was at the time driving with a phone in his / her hand, which was in use.

The term ‘use’ includes using the device for any telecommunications purpose, not simply making or receiving telephone calls. The term ‘use’ includes texting while driving, using any ‘Apps’ or messaging services such as ‘WhatsApp’ that allow you to communicate with others.

Your Defence

If you are being prosecuted for using a mobile phone whilst driving and you dispute this, you should plead not guilty, the matter will then progress to a contested trial at the Magistrates’ Court. In such cases the defence is an outright denial because the defendant denies using a mobile phone whilst driving.

The circumstances of your case will shape the defence and to have a good change of a successful outcome (an acquittal) you will need a well-argued defence from an experienced and specialist motoring law solicitor. The experienced solicitors and barristers at Kang & Co can offer you the best chance of a successful outcome.

Our lawyers have achieved successful outcomes in numerous cases of using a mobile phone whilst driving.

Our Motoring Law Solicitors and Legal Professionals   

The offence of using a mobile telephone or other hand-held interactive communication device whilst driving could potentially result in a totting up disqualification, due to the number of points this offence attracts.

Kang & Co Solicitors have a specialist legal team of solicitors, paralegals and barristers with considerable experience in defending cases of using a mobile phone whilst driving and have successfully challenged the prosecution case, which on numerous occasions has avoided a driving disqualification.

We represent clients for mobile phone offences across England and Wales.

using a mobile phone whilst driving

Caught using a mobile phone whilst driving?

We can help. Kang & Co Solicitors truly specialist law firm has achieved excellent results at defending clients who were caught using a mobile phone whilst driving.

Call Us For An Initial Telephone Assessment

0330 818 9843

Why Choose Kang & Co Solicitors?

  • Competitive Legal Fees

  • Honest Legal Advice

  • National Legal Representation

  • No Obligation Initial Telephone Assessment

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

330 High Holborn
London
WC2A 1HL

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes, MK9 1BP

Chambers and Partners 2024 Ranked Leading Law Firm
The Legal 500 Leading Firm Crime and Driving offences

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