Mobile Phone Driving Solicitors | Expert Defence UK
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Mobile Phone Driving Solicitors: Expert Legal Defence Nationwide
Being prosecuted for using a mobile phone while driving can result in 6 penalty points, substantial fines, and potential disqualification if you’re a new driver. At Scarsdale Solicitors, we are expert mobile phone driving solicitors who specialise in defending drivers charged with mobile phone offences across England and Wales, with a proven high success rate in motoring offence cases. Moreover, our mobile phone driving solicitors have successfully defended hundreds of clients facing these charges.
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What is the Mobile Phone Driving Offence?
Using a hand-held mobile phone while driving is prohibited under Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 and Section 41D(b) of the Road Traffic Act 1988. Specifically, the offence occurs when a driver uses a hand-held mobile telephone or similar hand-held interactive communication device whilst driving on a road.
The Law Explained
The offence was introduced on 1 December 2003 and applies to:
- Drivers using a hand-held mobile phone or device while driving
- Supervisors of learner drivers using such devices while supervising
- Employers causing or permitting drivers to use hand-held devices
Importantly, you can view the full legislation at legislation.gov.uk.
What Counts as “Using” a Mobile Phone?
Following the landmark High Court case DPP v Barreto (2019), “using” a mobile phone for the purposes of this offence is restricted to using the device for interactive communication functions. Therefore, this includes:
- Making or receiving telephone calls
- Sending or receiving text messages
- Using messaging apps (WhatsApp, Facebook Messenger, etc.)
- Browsing the internet
- Sending or receiving emails
- Using social media
However, using a phone for non-communication functions such as:
- Taking photographs or videos
- Using the dictaphone function
- Using a calculator
- Playing already-downloaded music
…does not breach Regulation 110, although such conduct may constitute careless or dangerous driving. Nevertheless, our mobile phone driving solicitors understand these crucial legal distinctions.
What About Hands-Free Devices?
A mobile phone can be used whilst driving with a hands-free kit, provided the phone can be operated without holding it. However, hands-free devices that require you to take your hand off the wheel to operate are not considered legal. Moreover, you could still be prosecuted for careless driving if using hands-free affects your driving standard.
Why Choose Scarsdale Solicitors for Failing to Provide Defence?
We Understand the Technical Complexities
Mobile phone cases involve intricate legal and technical details. We have in-depth knowledge of:
- Regulation 110 requirements
- The DPP v Barreto case and its implications
- Interactive communication definitions
- Police procedures and evidence gathering
- Sentencing guidelines and mitigation strategies
Transparent Pricing, No Hidden Costs
Fixed fees for straightforward cases
Clear hourly rates for complex matters
Free initial consultation for all clients
Payment plans available
Personalised, Compassionate Service
We know this is likely your first encounter with the criminal justice system. We provide:
Clear, jargon-free explanations
Regular updates on your case
Evening and weekend appointments
- Multilingual support (English, Urdu, Punjabi)
Rapid Response Times
Guaranteed call back within 30 minutes during office hours
24/7 availability for urgent matters
Immediate case assessment
Nationwide Representation
While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts and Crown Courts.
Outstanding Client Reviews
With over 244 verified five-star reviews and a 4.8/5 rating, our clients consistently praise our:
Professional expertise
Clear communication
Successful outcomes
- Supportive approach
Serving Clients Across 170+ UK Locations
Expert legal services in major cities, towns, and boroughs throughout England and Wales.
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Other Practice & Services Areas
We also provide expert legal representation across multiple practice areas throughout England and Wales. Moreover, our experienced team delivers specialist advice with a proven 98% success rate in motoring cases. Therefore, whatever legal challenge you face, we have the expertise to help.
Motoring Offences
Our motoring law specialists defend all driving-related charges with exceptional results. Specifically, we handle:
- Drink Driving Solicitors – Expert defence for all drink driving charges
- Drug Driving Solicitors – Challenge drug test results and fight for your licence
- Careless Driving Solicitors – Defend careless and inconsiderate driving charges
- Failing to Provide Specimen Solicitors – Expert defence for refusal cases
- Totting Up Ban Solicitors – Exceptional hardship applications to save your licence
- Driving Without Insurance Solicitors – Challenge no insurance prosecutions
- Traffic Light Offence Solicitors – Challenge traffic signal prosecutions
- Driving Licence Offence Solicitors – Defend licence-related charges
- Licence After Ban Solicitors – Assist with licence applications post-disqualification
Drink Driving Services
Furthermore, our drink driving defence includes specialist support for:
- Drink Driving Breath Test – Challenge breathalyser evidence
- Drink Driving Blood Test – Contest blood sample procedures
- Drink Driving Urine Test – Defend urine sample cases
- Drink Driving High Readings – Defend serious high reading cases
- Drink Driving Borderline Cases – Fight cases near the legal limit
- Drink Driving Repeat Offenders – Defend repeat offence charges
- Drink Driving Hospital Cases – Specialist hospital procedure defence
- Drink Driving Limit – Expert advice on legal limits
- Drink Driving Sentencing Guidelines – Navigate sentencing procedures
- Drink Driving Penalties – Understand and minimize penalties
- Drink Driving Defences – Comprehensive defence strategies
- Drink Drive Rehabilitation Course – Access rehabilitation options
- Drink Driving Insurance Impact – Manage insurance consequences
- Drink Driving Employment Consequences – Protect professional status
Drug Driving Services
Additionally, our drug driving expertise covers:
- Drug Driving Cannabis THC – Challenge cannabis driving charges
- Drug Driving Cocaine BZE – Defend cocaine driving prosecutions
- Drug Driving Sentencing Guidelines – Navigate drug driving sentencing
Failing To Offences
Moreover, we defend all “failing to” offences including:
- Failing to Provide Specimen – Expert defence for refusal cases
- Failing to Furnish Information – Defend driver details offences
- Failing to Stop/Report Accident – Expert accident reporting defence
Other Motoring Services
Consequently, our comprehensive motoring defence also includes:
- Special Reasons Solicitors – Special reasons to avoid disqualification
- New Driver Offence Solicitors – Protect new driver licences
- Perverting Course of Justice – Defend serious perverting charges
- Police Station Representation – 24/7 custody representation
- Convicted in Absence – Challenge convictions made in your absence
Criminal Defence
Our Criminal Defence Solicitors provide expert representation for all criminal charges. Therefore, from police station interviews to Crown Court trials, we protect your rights and freedom.
Immigration & Sponsorship
Furthermore, our Immigration Solicitors guide individuals and businesses through complex visa applications, sponsorship licences, and settlement matters. Consequently, we ensure compliance and maximize approval chances.
Family Law & Divorce
Additionally, our Family Law & Divorce Solicitors provide compassionate support through divorce, child custody disputes, and financial settlements. Therefore, we protect your interests during difficult times.
Get Expert Legal Help Today
Don’t face legal charges alone. Contact Scarsdale Solicitors today for expert advice and representation.
Call: +44 (0) 161 660 6050
Email: info@scarsdalesolicitors.com
Frequently Asked Questions
Understanding offences and process helps you make informed decisions about your future.
No. The offence applies whenever the engine is running, including when stationary in traffic jams or at traffic lights. Furthermore, the only exception is when you are safely parked with the engine off.
Following DPP v Barreto, filming while driving does not breach Regulation 110 as it's not interactive communication. However, it may constitute careless or dangerous driving. Therefore, you could face more serious charges.
Only if it's in a proper cradle or holder and you don't touch it while driving. Furthermore, if you hold the device, even to check a map, you commit an offence if using interactive navigation (requiring data connection).
Hands-free means you can operate the phone without holding it - for example, using Bluetooth or voice activation. However, if using hands-free affects your driving standard, you could still be prosecuted for careless driving.
If you passed your test less than 2 years ago and receive 6 penalty points, your licence will be revoked. Consequently, you'll need to pass both tests again. Therefore, this is why fighting the charge is crucial.
Yes. Our mobile phone driving solicitors routinely obtain phone records from network providers. Moreover, these can prove you were not making calls, sending texts, or using data at the time alleged.
If using already-downloaded music offline, this is not interactive communication. However, if streaming music (using data), this may constitute interactive communication. Moreover, our mobile phone driving solicitors can argue this defence effectively.
The conviction remains on your driving licence for 4 years from the date of the offence. However, you must declare it to insurers for 5 years.
You can, but mobile phone cases involve complex technical legal arguments, particularly around the Barreto case. Moreover, professional representation dramatically improves your chances of success.
Yes. We offer flexible payment plans, competitive fixed fees, and free initial consultations. Moreover, we'll work with you to find an affordable solution.
Don't Face This Alone. Contact Scarsdale Solicitors Today
A conviction for using a mobile phone while driving can have serious consequences. You could receive 6 penalty points, face substantial fines, lose your licence if you’re a new driver, and see your insurance costs soar. However, with expert legal defence from experienced mobile phone driving solicitors, many cases result in complete acquittals.
At Scarsdale Solicitors, we’ve helped hundreds of clients successfully defend mobile phone driving charges across England and Wales. Our 98% success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands.
Don’t assume you have no choice but to plead guilty. Don’t risk representing yourself. Don’t wait until it’s too late.
Testimonials
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs