Driving whilst using a Mobile Phone 

Driving whilst on the phone is a criminal offence. 

Mobile phone use is a contravention of the Construction & Use Regulations.  It is made a criminal offence under the Road Traffic Act 1988.  The attitude of Justices of the Peace to this offence is to consider it a matter concerning road safety, rather than simply a technical breach of the Regulations.  There is a fixed statutory number of penalty points imposed in for all cases regardless of the particular circumstances.

If you are caught using your mobile phone when driving, you may be given the chance take a fixed penalty.  The fixed penalty for using your phone whilst driving is 6 points and £200. To understand your options, call us for advice.

If you have 6 points or more on your licence, you won’t be able to accept the fixed penalty.

If you disagree with the charge that you were using your phone, or you’re not sure of how the law applies to your circumstances, call us for advice.

How will you plead? Guilty or Not guilty?

We’ll examine the charge against you and outline where you stand.

It may be that you agree with the charge, in which case you can instruct us to plead guilty. We can attend court on your behalf to mitigate the sentence and get you the best outcome for you.

If you have a defence, or there is an evidential gap in the case against you, we will build a meticulous, technical defence. We have a proven record of successfully defending clients all across Scotland. Our 5-star Google reviews are a testament to our commitment and our results.

I’m on 6 points or more – what can I do?

If you already have  6 points or more on your licence, you won’t be able to accept a fixed penalty. The case will be prosecuted in court. If you are convicted, the court will put 6 points on your licence and give you a fine of up to £1000 (if you are driving a goods or passenger vehicle, mobile phone driving is considered more serious: the fine can then be up to £2500). If the offence is particularly serious, the court has the option of banning you from driving.

The quality of your defence matters

At Scottish Driving Law, we provide meticulous, technical advice tailored to your situation. Whether you intend to plead guilty and require expert mitigation to minimise the penalty, or you wish to fight the charge, we have a proven record of successfully defending clients across Scotland. Our 5-star Google reviews are a testament to our representation.

Fighting the case in Court

It is likely that the case against you will centre on the evidence of the two police officers who observed you driving. Typically, they will have seen you holding something whilst looking at it, or appearing to talk. The police officers will state in court you were driving whilst on the phone.  If you would like us to prepare a forensic examination of the case against you, examine your lines of defence and explain how the law applies in your case, please be in touch. We’ll be happy to discuss your case on a no-obligation basis.