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.
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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.