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Driving while using a mobile phone is a commonly charged road traffic offence. Acceptance of a fixed penalty ticket for driving while on the phone in Scotland amounts to an admission of guilt, attracting a fine and six penalty points on a licence (for offences committed after 1 March 2017). New drivers are, therefore, likely to face revocation of their licence if caught using their phone while driving only once. (For further information, read our penalties guide here).

Nevertheless, it is possible to contest the ticket in court. It’s also important to bear in mind that the evidence of driving while using a phone usually centres on police statements, which can be tested by the defence.

Mobile Phone Driving Offence Lawyers Alloa, Kirkcaldy and Dunfermline, Scotland

The offence of driving while using a mobile phone is found in the Road Traffic Act 1988. In law, it is considered a contravention or failure to comply with a construction and use requirement and is committed when someone drives while using a mobile or any other hand-held communication device. The offence is intended to be catch-all, however, the statutory definition isn’t entirely clear and therefore open to interpretation.

Proving the Offence of Driving When Using a Mobile Phone in Scotland

To successfully prove that someone has committed the offence of driving when using a mobile phone, the procurator fiscal faces a couple of challenges, particularly in terms of evidence. Our driving offence solicitors strongly test this evidence and present our clients’ cases in the strongest possible terms. If you have received a fixed penalty ticket and would like to know whether you can contest it, please contact our expert driving offences team.

Contact our Road Traffic Defence Lawyers in Scotland

Our road traffic solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.

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