Charged with using your
mobile phone whilst driving contact us today for a FREE
case consultation. We have won many of these cases in
the past and we may be able to win your case. If you
have 9 penalty points on your licence already don't
despair we may be able to help save your licence. We
have won several high profile cases that were widely
reported in the press in Scotland. Call us today, we
could win yours!
Get in touch today on 0800 612 9597
or use our online form
Using a mobile phone whilst driving in Scotland meant
that more than 24,000 drivers were handed £60 fines across
Scotland, last year according to statistics published by STV News.
Mobile phone driving cases are increasing each year
as drivers fail to get the message that 3 penalty points
will be imposed and you could lose your driving licence. The
recent 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 mobile phone driving cases over this time.
Using a mobile phone and 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.What is the law about using mobile phones while
driving?
A driver may call 999 or 112 in response to a genuine
emergency. Two-way radios are not covered by this
offence but other devices for sending or receiving data
– such as Blackberrys for example - are included if they
are held while driving.
It is illegal to drive a vehicle or ride a
motorbike and use a hand held mobile phone or similar
device. It is also illegal to supervise a learner and
use a hand-held phone.
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.
Taxi drivers and other drivers are entitled to use
two-way radio equipment when driving, this is not a
specific offence. However, you need to remember that a
conversation could still distract and if the driving is
regarded by the police as careless or dangerous then
charges could still result in the loss of your driving
licence.
How
is driving defined?
Driving is using a motor vehicle on public roads and can
include when a vehicle is stopped at traffic lights or
during a traffic hold-up. The definition of public road
can throw up some interesting legal points therefore if
you have been charged as a result of a call from a car
park or the like you should take legal advice on how to
proceed with your case.
What
if I use the phone for work? Employers can be prosecuted under this piece of
legislation simply because they have existing work
systems that encourage employees to make calls when
driving and they no adequate hands free system in place.
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.
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