Road Traffic Law

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Testimonials


Delighted with the outcome in my case. I would be happy to recommend this firm to others. As a garage owner I depend on my driving licence for my living therefore 3 pp for this offence would have been a major problem. It is great to know I have the backing and the knowledge from someone who knows what he is talking about.
, Edinburgh Justice of the Peace

When i was charged with ‘Drunk in charge of a vehicle’ I didn’t know what to do or who to contact. Fortunately I’ve known one lawyer for a number of years so contacted him immediately. I explained my situation to which he replied immediately ‘ If there’s anyone that can help you its a personal friend Graham Walker’. Obviously at first i was dubious of such a high recommendation so quickly but it soon became apparent it was the right choice. Living on a small island on the west coast of Scotland isn’t practical at the best of times never mind trying to win a court case with your lawyer, the court and residence all in different places. Having said this Graham and his team weren’t phased by the logistics in the slightest and pressed on with the case straight away to a fantastic standard. One of Grahams juniors Simone travelled to the scene of the incident to photograph the scene,interview witnesses and appreciate the logistics of the offence. Simone couldn’t be faulted in any aspect of the investigation. She went through everything with a fine toothed comb and came across genuinely on my side of the argument and determined to get the best outcome possible.Knowledgeable and professional throughout, Simone is a real credit to Graham and Road traffic law as a company. Graham Walker drove 3 hours to get to court for the case not to go on trial and he didn’t bother in the slightest. Again, the main concern was my case and getting the best possible outcome. The second time he made the 3 hour drive the trial went ahead. It was at this time i witnessed him stand in front of the court room and ‘grab the bull by the horns’ so to speak. With his eloquent manner and calm demeanour it wasn’t long before the fiscal and witnesses were on there back feet wondering what to ask next. This was the theme from the outset and subsequently he won the trial with an impressive portfolio of questions and techniques. Graham,Simone and I’m sure the rest of there colleagues at Road Traffic Law are exceptionally well educated in the given department and couldn’t provide a better service. If anyone has been charged with a road traffic offence theres only one company that will give you the service and confidence to win your case and thats road traffic law. Impeccable service form start to finish.
, West Coast Of Scotland
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

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Mobile Phones and Driving


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  011 9744 or use our online form.

Using a mobile phone whilst driving in Scotland meant that more than 24,000 drivers were handed 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 £100 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 £100. 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.

Mobile Phone and Driving-POINTS TO CONSIDER

How can the police prove that I was using my hands-free or mobile?
In cases involving mobile phones and driving 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 have no adequate hands free system in place.

Recent Case Results

Speeding Dumbarton Justice of the Peace Court

Speeding Dumbarton Justice of the Peace Court - Outcome case deserted simpliciter[read more]

Mobile phone case at Dumbarton Justice of the Peace Court

Mobile phone case at Dumbarton Justice of the Peace Court - outcome Case deserted simpliciter[read more]