Legal issues
Careless driving
The test is objective: whether your driving fell below what would be expected of a competent and careful driver. Many cases are offered a course or fixed penalty; others go to court.
Mobile phones
Holding and using a hand-held mobile phone or other device while driving, including when stopped in traffic, is an offence. Exceptions include calling 999 in a genuine emergency when it is unsafe to stop, and contactless payment while stationary. Hands-free use is not this offence, but can still be careless driving.
New drivers
Road Traffic (New Drivers) Act 1995: 6 points within 2 years of passing leads to revocation.
Evidence that matters
Dashcam, police observations, phone records and witness accounts. In phone cases, what the officer could see is often central.
Reasonable lines of enquiry
Points to check
- Any footage, including your own dashcam.
- Phone records showing whether the device was in use.
- Road and weather conditions.
What happens next
Cases are dealt with by fixed penalty, a driver course, or in the magistrates' court, sometimes on paper through the Single Justice Procedure.
Immediate steps
- Preserve dashcam footage and phone records.
- Check your current points and when you passed your test.
What should you send us?
Send the notice or summons, any footage, and your driving record.