Need to defend yourself asap against charges relating to using a mobile phone whilst driving in Scotland? Click here to get in touch now or for 24/7 expert advice call us on 01292 289 584. You can also read our guide to the subject from our expert solicitors below:-
It is a specific offence to use a hand held phone when driving.
Fines & penalties for conviction for mobile phone driving offences in Scotland
Previously, conviction for such an offence would usually have resulted in the imposition of three penalty points and a penalty notice of £60.
New Penalties for Driving Whilst Using a Mobile Phone in Scotland
However, as of 1 March 2017, if you are caught using a mobile phone while driving, the penalties have now risen to 6 points and £200. However, if the matter is taken to trial the fine can be as much as £1000 or £2500 if a bus, coach or HGV was being driven.
The relevant legislation also prohibits the use of ‘hand held devices’ when driving.
'Hand-held devices'
A hand-held device has been defined as an item that: ‘is or must be held at some point during the course of making or receiving or performing any other interactive communication function’.
Examples of ‘interactive communication functions’ are the sending or receiving of still or moving images, the sending or receiving of spoken or written messages and the provision of access to the internet.
A common misconception
There prevails a common misconception amongst clients that we deal with that the use of a mobile phone by a driver whilst he or she is stationary at traffic lights or during other hold-ups does not contravene the above-mentioned rules. This is not the case and the term ‘driving’ covers such instances.
Moreover, it is arguably the case that drivers can be said to contravene the mobile phone regulation if they hold a phone between their ear and shoulder while making or receiving a call. The offence applies if a phone or device has to be ‘held’.
Effective cross examination & achieving an acquittal
More often than not a ‘mobile phone case’ will come down to the word of two police officer against that of the accused driver. The acquisition of a drivers mobile phone records can be acquired and can provide support for the assertion that the phone was not being used. However, effective cross examination can prove the most useful tool of all in achieving an acquittal.
Contact our Road Traffic Lawyers Glasgow, Inverness & Across Scotland
Contact our expert Scottish road traffic solicitors if you have been charged with a mobile phone offence or other driving offence in Glasgow, Inverness, Edinburgh, Dumfries, Stirling, Inverness, Dumbarton, Fort William or elsewhere in Scotland. Click here to get in touch or for 24/7 expert advice call us on 01292 289 584.
