Cell phone use while driving
Mobile phone use while driving
A common but heavily punished offence
The law classifies it as a third-degree offence because it distracts your attention and directly endangers other road users.
Even briefly calling or reading messages can result in a fine or a driving ban.
When are you in violation?
You are in violation when you:
hold your mobile phone or smartphone while driving, even if you are not actively using it
read or type a message, make a call without hands-free, or operate an app
hold the phone between your shoulder and ear
or are stationary in traffic or at a red light while holding the device in your hand
The law is extremely strict: holding the device is enough for a conviction.
Possible penalties
Fine between €174 and €4,000 (after surcharges this may exceed €16,000)
Driving ban from 8 days to 5 years in serious or repeated cases
Re-examination (theory, practice or psychological test) possible in cases of repeat offences
Summons to the police court in case of dangerous driving or an accident
What can a lawyer do?
A traffic lawyer can:
check whether the offence was recorded legally and correctly;
verify whether you were legally considered to be “driving”;
argue mitigating circumstances or seek suspension of the sentence;
and help you avoid a driving ban or criminal record.
Contact us for a free initial consultation. We review your case and help you minimise the impact.
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