More than 24,000 drivers were handed £60 fines across Scotland, according to statistics published by STV News.

The figures show that 66 people are caught using their mobile phones whilst driving every day in Scotland - one-third higher than last year.

The shocking figures come as no surprise to our firm due to the level of increased enquiries that we have received in the same time.

Using a mobile phone whilst driving can range from inconsiderate use to highly dangerous and the sentences that go with it are similarly wide ranging. If prosecuted for causing death by careless or dangerous driving the possibility of a jail sentence is real.

For most drivers the consequences will be a fixed penalty of 3pp and a £60 fine.

If this penalty is likely to take you near to a totting up ban then it may be time to get in touch with us for some advice on how to proceed

We defend mobile phone prosecutions frequently and find that almost on a daily basis we are contacted in connection with these cases.

Our expertise in mobile phone case prosecutions means that we can make a real positive impact when it comes to defending you in such a case.

If you need to be defended on such a case just give us a call today for a fee quote and a chat about your case.

A hand held device is something that ‘is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function’. Such as texting. A device ‘similar’ to a mobile phone includes a device that can be used for sending or receiving spoken or written messages, sending or receiving still or moving images or providing Internet access. A recent English case ruled that using a dictaphone whilst driving was not an offence under this statute.

If you accept a roadside fixed penalty notice, you will receive three points on your licence and a fine of £60. If you already have 9 live points on your licence then the fixed penalty notice will be rejected and you will receive a summons to attend court as you will be banned under the totting up provisions and disqualified from driving or holding a licence for 6 months. We can do a lot to help you in this situation so DO NOT return any documentation until you have spoken to us and received some FREE legal advice.

POINTS TO CONSIDER

How can the police prove that I was using my hands-free or mobile?
The police rely on their own testimony. They do not need video evidence of the alleged offence. If you are seen holding the phone whilst driving the police will suspect use. If they see you with the phone to your ear then the High Court in Scotland has previously commented that a clear inference can of course be made that you were using it. If it goes to court your phone records can be checked to determine whether you were using your phone and what type of call was being made. MSP Ted Brockelbank was found Not Guilty of using his mobile phone when in his case the prosecution evidence was simply that he was looking down towards it.

When is a driver allowed to use a hand-held phone?
Drivers are entitled to use their mobile phones for "emergency use". That Emergency use is not fully defined but one can expect it to mean wherever the driver feel a genuine reason exists to call 999.

If charged with using your mobile phone whilst driving contact us today for a FREE case consultation. We have found that in many areas of Scotland a common "loophole" exists with the prosecution of these cases and in our legal opinion it is fatal to the Crown case and can mean that we can win YOUR case.