Mobile Phone / Distraction

The facts and the law both matter

Since the law tightened, using a hand-held mobile phone while driving carries six penalty points and a fine enough to revoke a new driver’s licence outright or trigger a totting-up ban.

The law is more nuanced than it appears, and not every use of a device meets the legal test. We examine exactly what you were doing and whether the offence is made out.

“Not every touch of a phone is an offence. The precise facts and the precise law matter.”

Offences we regularly defend

Using a hand-held mobile phone while driving

Driving without proper control due to distraction

Six-point penalties and new-driver revocation

Totting-up disqualification arising from points

How ASL defends your case

We consider whether the device was being used within the meaning of the law, whether the vehicle was in fact being driven, and whether the evidence supports the charge.

Analysis of whether the legal test is met

Challenge to the evidence of use

Exceptional-hardship arguments to keep you driving

Where points cannot be avoided, we advance exceptional hardship to protect your licence.

If you or someone you care about has been arrested or invited for a voluntary interview, do not answer questions until you have spoken to us. The earliest advice is the most valuable advice.

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Confidential, around the clock. The sooner we're involved, the more we can do.

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Charges we defend