Road Traffic Law Experts Glasgow | Trust Pilot’s Top Rated Road Traffic Law Specialist
Road Traffic Law Experts – Scotland Wide Service
More than 94% of our clients keep their driving licences in cases defended by us.
Using a mobile phone while driving a motor vehicle.
Conviction for a CU80 Driving Offence could see your license endorsed with 6 Penalty Points and £200 fine with the price of your Insurance Premiums rising for the next 3-5 years.
A CU80 Driving Offence, or ‘Using a Mobile Phone while driving’: what does it mean? What are the implications if you are charged and convicted?
The definition of a CU80 driving offence is contained within Section 41D of the Road Traffic Act 1988 and said to be “the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device.”
For these purposes;
- 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”.
- Using a Device – “similar” to a mobile phone, where it performs an ‘interactive communication’ function by transmitting and receiving data.
There can be a defence open to mobile phone use in certain situations; eg It is not an offence to use hands free equipment, and you can make a 999/112 call in a genuine emergency, provided it is unsafe or impractical for you to stop first.
If stopped for a CU80 driving offence, you will be issued with a Fixed Penalty Notice (FPN) which is an offer of 6 Penalty Points and £200 fine. In order to find someone guilty of this offence the Procurator Fiscal must prove beyond reasonable doubt that a mobile phone was held at some point during the course of making or receiving a call or any other form of interactive communication. If you are found guilty your license will be endorsed with 6 Penalty Points and you will receive a fine (This can be anything up to £1,000; however it is seldom less than £200).
It is often worthwhile to seek advice on whether you should plead guilty or not guilty. Unfortunately we have clients contact us on a regular basis who receive a FPN CU80 driving offence for simply touching their phones while driving! Whatever you do it is ALWAYS advisable to obtain free legal advice from a reputable solicitor, particularly one who specialises in road traffic law on a daily basis.
We are road traffic law experts who deal with these type of cases everyday.
We make it easy for you to understand exactly where you stand. That is why we offer to waive our £350 + VAT Caseplanner Fee. As doing this enables us to meet with you. We can help relieve the stress and anxiety of not knowing exactly what will happen.l.
