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COVID-19 UPDATE: We would like to reassure people that Kang & Co Solicitors is fully operational during the current international health crisis.
Case meetings after being appointed will be conducted via either a phone or video conference to comply with government instructions.

MONDAY – FRIDAY | 09:00 – 17:00

COVID-19 UPDATE: We would like to reassure people that Kang & Co Solicitors is fully operational during the current international health crisis.
Case meetings after being appointed will be conducted via either a phone or video conference to comply with government instructions.

Using a Mobile Phone Whilst Driving Solicitors

Expert solicitors and barristers in Using a Mobile Phone Whilst Driving cases.

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 Solicitors on 0345 222 9955 or send us a message via our Enquiry Form.

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 start from;

£1000 + VAT

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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 queening 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  

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 expert motoring law solicitors 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 solicitors and barristers have achieved excellent results at defending clients who were caught using a mobile phone whilst driving.

Call Us For An Initial Telephone Assessment

0345 222 9955

 

Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.

Fusion Personnel

Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.

Sundeep Sanghera

An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.

Mr C. Pilkington

Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.

Dr. Lotsu

On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.

Helen B

Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.

Matthew Nutt

I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!

Howard Jacobs

My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.

Matthew Bacon

I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.

Jatinder Dhesi

I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.

Mr. Heaney

I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.

Robin Prasad

Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.

Francis Drew

I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.

Jane Longstaff

The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.

Mr Singh

 

An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!

Sheila Ni Conchobhair

Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.

Mr J. McBrearty

I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.

Mr Khan

 

For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.

Margaret Clarke, BA, CIPD

 

Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.

Mercure Telford Madeley Court Hotel

Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.

James

I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.

Alan

I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.

Ken

The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.

Shahan Mir

Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.

Stephen McC

I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.

Mrs Noone

 

Request A Callback or Email from a Kang & Co Solicitor

Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.

 

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

5 Chancery Lane
London
WC2A 1LG

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA

Accreditations, Partnerships and Press

Our Competitively Priced Agreed Fees for Motoring Offences start from £1,000 + VAT

Our Private Criminal Defence Solicitors and Barristers are available to advise and represent you if you are being investigated or prosecuted for an alleged crime. We are experienced in representing professionals and business owners in the Magistrates’ and Crown Court that find themselves facing a Criminal Offence Prosecution. We are specialist Private Crime Lawyers, so all cases are privately funded.

Our Competitively Priced Agreed Fees for Criminal Offence cases start from £1,500 + VAT

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An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang.

In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise, quality of service, compassion and dedication to their client.

I would not hesitate in recommending Kang & Co Solicitors.  Mr. C Pilkington

|

Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions.

On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted!

I highly recommend Kang & Co.

Joseph McBrearty

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

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 5 Chancery Lane 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

london office lawyers

London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

milton keynes office lawyers

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes
MK9 2EA

Business Hours

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

Meetings at our offices are by Appointment Only

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