Driving whilst on the Phone

What constitutes ‘driving’ (legally!)?

What constitutes ‘using’ (legally!)?

People can have the wrong idea about what can be regarded as “driving”. For example, it is not unusual for a person to say “I wasn’t driving. I was stopped at the traffic lights when I spoke to my friend who phoned me”. Here the client is, in fact, describing a driving scenario and could easily be found guilty but a good lawyer, with a different approach could perhaps gain an acquittal.

They can also have the wrong idea about what it means to “use” a mobile phone. For example “I’m guilty because the police officer saw me with the phone in my hand”. Here the driver might not be guilty at all because holding the phone is not enough to commit the crime. The police require to prove much more and, even if they do, many defences or special reasons may be detected by a good trial lawyer.

If you are convicted, 6 points will be endorsed on your license (as well as a fine being imposed).

Under the totting up rules, these 6 points could mean you being disqualified sooner rather than later.

Fighting for an acquittal can be very worthwhile when dealing with this charge.

Jim Bready and Sabrina Baig have a fine record of acquittals over the years with this charge, As with other charges, a clear assessment of the circumstances surrounding the charge is important. A proper forensic examination of the Police procedure can reveal loopholes (technicalities) resulting in not proven or not guilty verdicts.

It is always worth a quick chat to assess your prospects of success.

For a free consultation with Jim or Sabrina phone 0141 334 2265 or book one by emailing enquiries@roadtrafficdefencelawyer.com.

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We defend in all types of road traffic cases and over 90% of our clients keep their licences.

Driving whilst on the Phone

‘Thanks Jim, great job! Amazing. I will recommend you and your team without hesitation. Yours, Claire.’ (Claire B, Glasgow)

Glasgow Justice of the Peace Court – Claire B – Not proven after trial