KNOW YOUR RIGHTS


With mobile phone use on the rise again, and with more and more drivers admitting to checking messages or notifications while behind the wheel, it is becoming increasingly clear that distraction is one of the biggest risks on the road. Recent RAC research shows that handheld mobile phone use while driving has climbed back up to 15%, the highest level since 2018, and this is reflected in the number of enquiries we receive from drivers who have been accused of using their phones. Modern vehicles may have increasingly advanced driver assist technology, but the law has not changed: holding and using a mobile phone whilst driving remains a strict liability offence. Below are examples of questions we have been asked which examine exactly these points.


Case 1


Question: I’ve just received a letter from the police saying I’ve been caught using my mobile phone while driving. Apparently a cyclist filmed me and sent it in. The letter says I’m getting six points and a £200 fine. I’m really annoyed because I didn’t give anyone permission to film me in my own car. Isn’t that a breach of my human rights? Can they even use that video? Does it matter that I wasn’t actually moving at the time?


Advice: Unfortunately, no, it is not a breach of your human rights to be filmed whilst you are in your car. Members of the public are allowed to film incidents on the road, and the police are entitled to rely on that footage if it shows an offence being committed.


You have two options at this stage. The first is to accept the fixed penalty of six points and a £200 fine, and that will be the end of the matter. The second option is to reject the fixed penalty and take the case to court. If you do that and are found guilty, you would still receive six points, but the fines and costs could be significantly higher because they are based on weekly income and can easily reach into the thousands. So it is important to get proper advice before deciding which route to take.


If you send me the video, I will have a look at it and advise you properly. In order to find you guilty there must be evidence of you driving whilst using and holding a mobile phone. That’s what I’ll be looking for.


Outcome: In this particular case, the driver sent us the footage which clearly showed him holding and using his phone whilst driving. In order to commit the offence, the police must prove both elements: that the driver was holding the phone and that he was using it for any reason at all. Here, both elements were present.


The fact that he was stationary in traffic did not take him outside the definition of “driving”. The law calls that “continuing driving”, which means they look at


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why the vehicle had stopped. If the stop is part of the ordinary progress of the journey, for example waiting at a red light or sitting in a queue of traffic, the driver is still treated as ‘driving’. It may be different where the stop is unconnected with the act of driving, such as where the driver has pulled over, applied the handbrake, parked safely and is not about to move off. On these facts, he had merely stopped because of traffic, so he was still legally driving when he used the phone.


We therefore advised him to accept the fixed penalty as taking it to court would almost certainly have resulted in the same points but much higher financial penalties.


Case 2


Question: I’ve been accused of using my phone while driving. I absolutely deny it. I’ve already pleaded not guilty and I’ve got a trial coming up. The officer says he saw me holding and using it, but I know for a fact I was not. What should I do?


Advice: The first thing I need to advise you is that if you are found guilty after trial, the fines and costs will be much higher than the fixed penalty would have been. The points will remain at six, but the financial penalties can easily reach a couple of thousand pounds once the fine, surcharge and prosecution costs are added together. If, however, you are found not guilty, you will receive no points, no fines, and you may even be able to recover some of your legal fees.


The next step is to obtain all of the evidence. That includes the officer’s witness statement and, crucially, any body worn footage from the stop. They must prove that you were (a) driving (b) whilst using (c) a handheld phone/mobile device. They have to prove every element. We need to scrutinise exactly what the officer says he saw and whether it is consistent.


OCTOBER 2026 PHTM


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