Using a mobile phone or other ‘hand held device’ while driving is an offence that now carries 6 penalty points and a fine. Beyond that there is likely to be an increase in your insurance premium if you are convicted of this offence.
There are many complex issues that frequently arise in this particular area. Cases are not always straightforward and there is often scope for legal argument as to whether in the particular circumstances of a case the offence has been committed. The prosecution must prove, in terms of the statute, that you were ‘using’ the device in question. We have in depth knowledge of the law in this area and have the resources available to back up certain arguments with relevant case law authorities.
If you have been falsely accused of driving whilst using a mobile phone it is highly important that you seek expert legal advice as soon as possible. Drivers often wish to use their phone records in their defence. Although outgoing call records are relatively easy to obtain yourself the phone companies are always reluctant to provide incoming call and text data. We can petition the Sheriff court to recover your incoming and outgoing call and text records to show that you were not using the phone at the time of the allegation.
It is well worth speaking to an expert if accused of using a mobile phone while driving. Contact us now for free initial advice.