It is an offence to drive a motor vehicle on a road whilst using a hand-held mobile phone or other similar device or to cause or permit the driver of a motor vehicle on a road to drive whilst using such a device.

The number of penalty points imposed has recently doubled from 3 to a severe 6 penalty points on your driving licence. When issued with a Fixed Penalty, a driver can expect to receive the 6 penalty points and a £200 fine. Obviously 6 penalty points is a considerable number of points to have sitting on your licence for several years and before accepting the Fixed Penalty, people should carefully consider the effect of this for current or future potential Driving Disqualification under the Totting Up procedure.

We do have a high success rate challenging these charges in court, obviously depending on the circumstances of your case. You can read some sample court cases below. If you decide you wish to fight the charges contact us to discuss your chances of success.

If pled guilty at court or convicted after trial, the court does have the power to levy a maximum fine up to £1000 (or £2500 for drivers of goods vehicles or passenger carrying vehicles), but a fine at this level is rarely imposed. Drivers should also note that Scottish courts now possess the power to disqualify, on a discretionary basis, for this offence, but again this is rare.

A driver whose driving falls below the standard that would be expected of a competent and careful driver whilst using a mobile phone may be prosecuted for more serious charges such as careless or dangerous driving (see seperate sections devoted to these topics)
The Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2003 define a device to which the legislation applies as:

"A device, other than a two-way radio, which performs an interactive communication function by transmitting or receiving data"
A device is deemed to be ‘hand-held’ if it is actually held or must be held during the course of performing an interactive function. Devices such as hand-held satellite navigation systems, computers and Blackberry’s are thus all ensnared by the legislation.
Performing an ‘interactive communication function’ covers a multitude of activities including texting, making or receiving a call, listening to answering machine messages or downloading data from the web.

The law relating to this offence is far from straightforward and it is possible, in certain circumstances to advance a defence to a charge. Accordingly, it is vitally important to obtain expert advice at the earliest possible opportunity

In order to obtain a conviction for a charge of this nature the prosecution require to prove beyond reasonable doubt that that an ‘interactive function’ was being performed by a driver at the time of an offence. Simply holding such a device in one’s hand whilst driving, or using the device perform a ‘one way function’ such as checking the time or dictating a memo will not amount to ‘use’ for the purposes of the legislation and an acquittal could be secured

Moreover, there is a defence to this charge if the person using the device is using the mobile phone to make a genuine emergency call and it unsafe or impractical for them to stop. Similarly, if the phone is held in a cradle at the time of usage then it is arguable that the driver is not using a ‘hand-held device’.

Click to view some examples of our mobile phone cases:

• Client allegedly using her mobile phone while driving and observed by 2 police officers a few feet away. However, after robust cross examination of the officers we win a Not Guilty verdict!
• Client facing losing driving licence if convicted of driving at 102mph, then later charged with using a mobile phone. Richard Freeman aka Mr. Technicality rigorously scrutinizes the evidence and gets both cases dropped by Fiscal after exposing legal technical issues in relation to both, saving our client's licence!
• Client facing totting up disqualification, witnessed by 2 police officers and also admitted being guilty of the offence! We however find points to discuss with the Fiscal and persuade him to drop the case! Client very relieved!
• Client charged with two mobile phone offences which would lead to a driving ban for the client. We fight and win both cases in different courts. The second case was won by Richard Freeman aka Mr. Technicality finding small technicalities which Richard skillfully uses to win the case. Client is ecstatic!
• Client keen to avoid a conviction despite police eye witness evidence. We very robustly cross examine both police oficers, undermining their accounts and win a Not Guilty verdict!
• Despite apparent overwhelming evidence, we find a technicality and the Fiscal is persuaded to take no further action.
• 2 Police witnesses declare seeing client using mobile phone while driving. Despite this we persuade the Fiscal that evidence is weak and Fiscal agrees to drop the case!
• Two Police officers witness client driving and using phone. Client admits to phoning friend. We present a legal issue and Fiscal fairly drops the case!
• Client advised by other solicitors to plead guilty. However, we advise to test the prosecution at trial and during our cross examination of the police officers, find weaknesses. Result: Not Guilty on both charges!
• Police claim witnessing client using phone and then admitting guilt. However, we robustly cross examine police undermining their credibility and win a Not Guilty verdict!
• Police testify they witnessed our client using a mobile phone while driving. We robustly cross examine police and show reasonable doubt. Client acquitted!
• Two police witnesses adamant Taxi driver was using phone. We find a problem for Crown to overcome and get case dropped shortly before trial.
• Police insist client was using phone. We rigorously cross examine police and prove reasonable doubt. Client found Not Guilty!
• Client on 9 points and facing a Totting up Ban.Police witnesses testify seeing client using phone! We find evidence flaws & oppose an adjournment. Court agrees and the case is dropped!
• Using Mobile Phone while on 9pts, facing a Totting up Ban with 9 Offences in 10 years! We manage to prove Exceptional Hardship and save his driving licence

All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray