CU80 Driving Offence – What You Need To Know

If you are caught using your mobile phone whilst driving, you may be charged with a CU80 driving offence. It is important to understand that this is a serious offence that could result in six penalty points being endorsed onto your driving licence, as well as a fine of up to £1,000, or £2,500 if you are driving a lorry or bus.

The CU80 Conviction Code

CU80 is the conviction code that is used for using a mobile phone whilst driving. This is covered under section 41D of the Road Traffic Act 1988, where it is explained as being “the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device”. This means that you could also potentially receive a CU80 if you are caught using other devices that receive and transmit data, such as a tablet, smartwatch or walkie talkie.

However, you can also be convicted of a CU80 offence if you use a mobile phone whilst supervising a learner driver, even if you are not driving yourself. This is because you are responsible for supervising the learner driver at all times, so it is an offence to be distracted by a mobile phone during this period.

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Send us a message or call us on 0333 443 2366 for friendly advice

What Is The Fine For A CU80?

If you are stopped due to an alleged CU80 driving offence, you can expect to be issued with a Fixed Penalty Notice (FBN). This will consist of six penalty points and a £200 fine. You can choose to accept this penalty, or to plead not guilty and defend your case in court.

Should you choose to plead not guilty, you will have the opportunity to defend your case in court.

Unfortunately, if you do this, then the penalty is often more severe if you are found guilty, with fines reaching up to £1,000 for car drivers, or up to £2,500 for those driving a lorry or bus. For this reason, we’d always recommend seeking specialist legal advice before deciding whether to accept a Fixed Penalty Notice (FPN) or to defend your case in court.

The points that are added to your driving licence as a result of a CU80 conviction will typically remain on your licence for four years from the date of the offence. If you are a new driver and passed your driving test within the last two years, this could result in your driving licence being revoked. Alternatively, if you have been driving for more than two years but already have six penalty points on your driving licence, you could also see your driving licence revoked by the DVLA.

What Is The Law On Mobile Phone While Driving UK?

In the UK, it is illegal to use a mobile phone or other communication device whilst driving. This is covered by section 41D of the Road Traffic Act 1988. If you are caught doing so, you could receive a CU80 conviction, as well as an endorsement of six penalty points on your driving licence and a maximum fine of up to £1,000 for car drivers, or £2,500 if you were driving a lorry or bus.

If you need to make or receive a call whilst driving, you should use a hands-free kit. This means that you do not touch your phone at any time, even to set up to end the call. If you are caught touching your phone to make a call, you could be handed a fixed penalty notice for using a mobile phone whilst driving.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Is CU80 A Criminal Conviction?

If you have received a CU80 endorsement on your driving licence as a result of being caught using your mobile phone whilst driving, you might be wondering whether this is a criminal conviction or will appear on your criminal record. After all, having a criminal record could limit your future career prospects and other areas of your life.

When you receive a Fixed Penalty Notice (FPN), this is an offer to deal with the offence outside of court. If you choose to pay the fine and accept the penalty point endorsement, you will not usually appear on your criminal record. However, if you choose to plead not guilty and defend the charge in court but are found guilty of the offence, this will be marked on your criminal record.

So, using a mobile phone whilst driving will not automatically result in a criminal record. However, you could end up with a criminal record if the case goes to court and you are found guilty of the offence.

Will A CU80 Affect My Insurance?

Car insurance is an expense that motorists are obliged to pay, and it can be frustrating when your insurance premiums increase. This leaves many motorists wondering whether a CU80 endorsement on their driving licence will result in their insurance premiums rising.

When you take out a car insurance policy, you will usually be asked to declare any convictions or penalty points that you might have. If you have a CU80 endorsement on your driving licence, you may find that your insurance premiums are higher than they were before. This is because car insurance companies view drivers with this type of endorsement as a higher risk than drivers with a clean licence.

The good news is that you should find that your insurance premiums reduce again once the penalty points are removed from your driving licence after four years.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Defending A CU80 Conviction

If you have been accused of using your mobile phone whilst driving, you might be wondering what defences are available for this charge. The good news is, there are a couple of defences that can be used for this offence, but they can only be used in very specific circumstances, and it can be difficult to justify them.

In order for a motorist to be convicted of using a mobile phone whilst driving, it will need to be proven beyond reasonable doubt that you held a mobile phone to communicate whilst driving. This will mean that you held your mobile phone at some point whilst making or receiving a phone call, or another type of communication such as a text message.

So, the main defence for this charge is that a mobile phone was not being used at the time in question. Alternatively, the mobile phone may have been touched, but was not used for any form of interactive communication.

The second available defence for using a mobile phone whilst driving is that the device was being used to make an emergency call, in response to a genuine emergency, and it would not have been possible or practical to cease driving for the call to be made.

The final defence to an alleged CU80 offence is that you were not driving the vehicle at the time in question. Of course, if you were not driving then you could not have committed the offence. However, if the vehicle is registered in your name, you will need to provide the details of the driver of the vehicle at the time in question.

If you have been accused of a CU80 offence and think that you may have a valid defence for the charge, it’s important to seek legal advice as soon as possible. A specialist motoring offence solicitor will be able to talk you through your options, as well as explaining the likelihood of a successful acquittal.

Should You Plead Guilty Or Not Guilty To CU80?

A CU80 charge for driving whilst using a mobile phone might come as a shock and leave you feeling worried and confused. It’s only natural for you to wonder whether you should plead guilty or not guilty to the charge.

If you have received a CU80 charge, we’d always recommend seeking specialist legal advice from an experienced motoring offence solicitor. During the free initial consultation, they will be able to explain your options, as well as any possible defences that are available to you.

At Caddick Davies, we specialise in representing motorists who have been accused of using a mobile phone whilst driving. If you are wondering whether you should accept the Fixed Penalty Notice (FPN) or defend your case in court, we are happy to talk you through your options and support you in making an informed decision.

Should you decide to plead not guilty and defend your case in court, we will prepare the strongest possible case to defend the allegation. In many cases, we have been able to secure an acquittal against a CU80 charge, helping you to avoid a conviction.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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