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Criminal Defence | England & Wales

Careless driving and using a phone while driving

What counts as careless driving, the penalties, the law on holding a phone at the wheel, and the risk for new drivers.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Careless driving under section 3 of the Road Traffic Act 1988 means driving below the standard of a competent and careful driver. It carries 3 to 9 penalty points or a discretionary ban and an unlimited fine. Using a hand-held phone or similar device while driving is a separate offence carrying 6 points and a fine; the law covers holding and using the device for almost any purpose, with narrow exceptions. Six points within 2 years of passing your test means the DVLA will revoke your licence.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We assess the evidence, advise whether to accept a fixed penalty or contest it, and argue exceptional hardship where a ban is likely. See totting up and exceptional hardship.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Is it an offence to use my phone at traffic lights?

Yes. Holding and using a hand-held device while stopped in traffic counts as driving.

Can I use my phone as a sat nav?

Yes, if it is fixed in a holder and you do not hold it while driving.

I passed my test 18 months ago. Will 6 points lose me my licence?

Six points within 2 years of passing leads to revocation; you would need to reapply and retake the tests.

NEXT STEP

Get advice on a motoring charge

Call 0843 636 7687 or email [email protected].

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