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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 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

chambers uk 2022 chambers and partners band a top ranked law firm driving crime offences

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;

£1500 + 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 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  

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

Why Choose Kang & Co in London

No Obligation Initial Telephone Assessment

We offer our potential clients an initial no obligation assessment over the telephone no matter where in London your offence commited.

Specialist Lawyers

Our legal team of solicitors, paralegal's, legal advisor's and barristers are specialists in the area of Driving Offence law. 

Clear Legal Costs

At Kang & Co Solicitors we are clear with our legal costs, offering fixed fee services so that our clients know exactly what they are paying for and how much it will cost.

Comprehensive Phone Meetings

In some cases it may not be possible for clients to be able to make it to our offices. In this scenario we offer a comprehensive phone meeting, that will cover everything in just as much detail as a face to face meeting. Face to face meetings are also available at request.

First Class Service

We will give you our expert advice and first rate representation at trials and interviews. We will endeavour to leave no stone unturned so that you have the best possible chance at achieving the best result. Rated as a Top Tier law firm by the prestigious legal guides The Legal 500 and Chambers & Partners.

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

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

 

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

Sheila Ni Conchobhair

I would highly recommend Kang & Co and in particular Manjinder Kang. He was very professional, provided excellent advice ending in a positive outcome. Thank you.

Mrs K

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

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 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

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 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

 

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

This was the first time ever I had to appear in court for totting up points on my license and had no knowledge of how it works. Megan was the most reassuring face on the day of my court attendance and was very lovely and supportive throughout. Even if I had faced a driving ban, I would still recommend Kang & Co as they definitely are experts in their field and will do their utmost to helpful. I was amazed at how smoothly everything went.

Zaynab Moloo

Very helpful and informative. They explain things in plain English to help you understand the legal process. I got caught up in a problem and felt I was way outside my comfort zone, but everyone on the team at Kang & Co were excellent at making me feel more at ease.

Andrew Butler

A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.

Anonymous

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

We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.

Jodie Wood

This was even better than the best possible outcome I was expecting as no ban, no points and no fine. I cannot recommend Kang & Co solicitors enough; they were fantastic and worth every single penny. I would have no hesitation at all in recommending them to anyone who needs their services. Excellent legal advice, excellent and professional customer service, outstanding legal representation.

Bris Heating

From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .

T. Singh

Very good from start to finish and I got the best result possible.

Andrew Chapman

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

I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.

Rahal Miah

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

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

A great experience with Kang & Co Solicitors. Fast and professional communications and excellent representation in court with a good outcome.

Douglas Campbell

An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.

Miss P

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

I contacted Kang and Co to help with my driving offence case and get the best result possible and it was well worth it! Professional and assisted me whenever I needed help, made me feel assured and supported. Would go to them again
happily.

Karan

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

Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.

Lewis Boddingtonn

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An Excellent Service, Mr. Kang is a highly sought solicitor. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation.

I would recommend Kang and Co Solicitors above any other company I’ve spoken too.

Above all I got the outcome I desired based upon Mr. Kang expertise.​

Miss. P

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Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome.

Excellent service from initial contact to finishing the court case. Would recommend to anyone.

Robert Morris

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

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

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