He was pulled over and admitted to using the phone saying: "I thought I was allowed to use it when I'm not moving."
Magistrates' heard Benyon already has six points on his licence, three from a speeding offence in October 2014, and three for another speeding offence from September 2015.
The number of points that can be issue for using a phone while driving were increased from three to six points in March this year.
Magistrates' ordered Benyon be issued six, which put him over the maximum number of twelve points allowed before a driver is disqualified.
Thomas Daniel, defending, pleaded with the bench to use its discretionary powers to hand Benyon a shorter disqualification period.
Mr Daniel said that if the offence had taken place six weeks prior, Benyon would have been automatically issued three points and would not be over the point limit under the 'totting up' system. Sky more