Fine for using a phone while driving

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Boiko Kateryna

Lawyer

Poland / Warsaw

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Publication date: 02.02.2026

A fine for using a phone while driving is one of the most common administrative penalties on Polish roads. The legislator approaches this issue strictly, because the consequences of using a phone while driving can be serious — from creating an emergency situation to a real threat to the life and health of road users. In addition to a financial fine, a driver may receive penalty points that affect his driving status. 

At the same time, practice shows that not every fine is perfectly justified. In many cases, the decision to prosecute is based solely on the subjective observation of a police officer without a proper evidentiary base. That is why the issue of protecting the driver’s rights and the possibility of appealing such a fine becomes particularly relevant. 

Theoretical principles: what is considered using a phone while driving? 

Current traffic regulations in Poland prohibit using a phone in a way that requires holding the device in your hand while driving a vehicle. The key factor is the physical holding of the phone, not any interaction with it. From a legal point of view, it is important to distinguish the following situations: 

• it is allowed to use the phone via the hands-free system; 
• using the car’s multimedia system is not a violation; 
• a brief glance at the screen does not always indicate an offense; 
• simply holding the phone in your hand without proving active use or a conversation may be controversial. 

Due to the unclear understanding of these boundaries, conflict situations often arise in which drivers disagree about the legal qualification of their actions. 

Consequences of using the phone while driving 

In addition to obvious safety risks, the consequences of using a phone while driving also have a legal dimension. A driver may be fined, receive penalty points, and in the case of repeated violations, face additional administrative sanctions. In the event of a traffic accident, phone use may be treated as an aggravating circumstance, affecting liability and the insurer’s position. 

Therefore, it is crucial to clearly understand when a driver’s behavior actually violates the law and when the imposed penalty may be challenged. 

Evidence in a case of a fine for a phone 

Evidence in a case of a fine for a phone plays a decisive role. The legality of the imposed penalty depends on its quality and sufficiency. Most often, authorities rely on: 

1. personal observations of a police officer; 
2. video recordings from body cameras or service vehicle cameras; 
3. recordings from city video surveillance systems; 
4. witness testimony. 

If there are no photo or video materials and the only evidence is a visual assessment by the officer from a distance or in conditions of limited visibility, such a situation creates real opportunities for an effective defense. 

How to appeal a fine for a phone near your ear? 

The question of how to appeal a fine for a phone near your ear is one of the most common among drivers. Filing an appeal is particularly justified in cases where: 

• the phone was in a holder or connected to the multimedia system; 
• the driver was not holding the device in his hand; 
• the driver’s actions were misinterpreted; 
• road conditions or distance made accurate observation impossible; 
• there is no objective evidence of the violation. 

A lawyer analyzes every detail of the situation — from the wording of the protocol to the method of recording the incident — to assess the real chances of canceling the fine or mitigating its consequences. 

Legal assistance in cases of a fine for a phone 

Legal assistance in cases of a fine for a phone involves a comprehensive approach. A lawyer accompanies the client at all stages of the proceedings, from the initial analysis to court representation, if necessary. Practical assistance includes: 

1. assessment of the legality of the imposed fine; 
2. detailed analysis of the evidence base; 
3. preparation of an objection or appeal; 
4. communication with the authority considering the case; 
5. protection of the driver’s interests in court. 

The goal of such support is not only a formal appeal, but also the real protection of the driver’s rights and the minimization of legal consequences. 

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