Document Actions
Can I be prosecuted for having my mobile phone switched on and on the seat next to me in the car?
Where do I stand legally with having my mobile phone on and on the car seat next to me. Can I be prosecuted?
Having a mobile phone switched-on on the seat next to you is not an offence (although it is the official recommendation it is turned off so as to avoid temptation). The offence is in use, which means you mustn't touch the buttons unless it is in a cradle and then only for the purposes of using a hands free kit.
The police insist that it is also an offence to hold it, but the legislation is quite clear that the offence is in use and there is no mention of merely holding it being an offence in the legislation. However if it dropped on the floor and you attempted to pick it up while driving you could face a due care and attention charge.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
