Driving while using a mobile phone is one of the most commonly prosecuted Road Traffic Offences in Scotland.

The offence is sometimes prosecuted as a Mobile Phone Offence if it is deemed you have failed to be in proper control of your vehicle or have a full view of the road and traffic ahead of you while driving due to the use of a mobile phone. In more serious cases, the police may consider that the appropriate charge is careless or Dangerous DrivingDON’T PANIC! Even when you are guilty you have more options than you think.

If you have been stopped by the police and received a fixed penalty notice or have received a citation from the Procurator Fiscal in the post to attend court, we advise that you contact our expert Road Traffic Defence Solicitors who are specialists in defending those accused of driving while using a mobile phone.

In our experience, Road Traffic police officers often misunderstand the law on this matter or, if mistaken, do not entertain a driver’s protests or attempts to exonerate themselves, leading to many unnecessary prosecutions.

It is a common misconception that you cannot successfully challenge an allegation of this nature because the court will prefer the evidence of two police officers – this is not always the case. There is an art to successfully challenging a case of this nature but it requires a specialist Road Traffic Lawyer with the highest quality of court skills and integral knowledge of the law. Our specialist Road Traffic Defence Team has what it takes to get you the result.

Driving with a Mobile Phone Offence Solicitors Scotland

Our award winning team are highly experienced in defending mobile phone cases and have the track record to prove it.

This offence is covered by section 41D of the Road Traffic Act 1988 and regulation 110(1) of the Road Vehicles (Construction & Use) Regulations 1986. The provisions themselves are lengthy but generally to be guilty of such offences you must be:

  • USING a hand-held mobile phone or hand-held device which is capable of transmitting or receiving data whilst driving;


  • driving a motor vehicle in a position that does not give proper control or a full view of the road and traffic ahead.

What appears to be a simple and straightforward offence can be extremely complicated when applying the law and so it is of the upmost importance that if you are prosecuted for driving while using a mobile phone that you get a specialist Road Traffic Lawyer who knows the law.

The penalties of driving on a mobile phone are:

  • six penalty points;
  • £200 fine (up to £450 if driving a truck/lorry or up to £1,000 if court imposed);
  • discretionary disqualification.

In 2017, the fixed penalty has doubled from three points and £100 fine to six points and £200 fine. If you are a new driver, this means you will lose your licence if found guilty. Likewise, If you are not a new driver but have points on your licence already, you may be facing a period of disqualification due to the Totting Up procedure.

It is clear the effects of conviction can be significant. It, therefore, makes no sense to accept the charge or fixed penalty notice if you deny using a mobile phone while driving. Even if you are guilty, we may be able to save your licence if it is at risk. We will represent you with confidence, experience and expertise.

Contact our team today and receive free, initial, expert advice. A call to us could mean the difference between conviction and acquittal.

At Scullion LAW, we know that every client and every set of circumstances is unique and being involved in these matters is likely causing you significant distress. We work hard to make sure you receive clear, uncomplicated legal advice you can trust in an open and friendly environment at all times. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.

When your licence, your job and your reputation are at stake, you cannot settle for second best, you need specialist Road Traffic Lawyers that get results, so DON’T PANIC! Contact us now to discuss your case. #keepingyoudriving.

Contact Scullion LAW for Driving on Mobile Phone Offences Lawyers Glasgow, Hamilton, Paisley, Lanark & Dumfries Today

If you have been charged with a mobile phone offence or have been issued with a fixed penalty notice for driving while using a mobile phone, DON’T PANIC! Take action and call us now for a free consultation with our specialist Road Traffic Defence Team without delay. We cover all areas of Scotland including Glasgow, Hamilton, Lanark, Lanarkshire, Strathclyde, Edinburgh, Inverness, Bearsden, Bothwell, Uddingston, Stirling, Milngavie & Dumfries.

Call us at our offices in Glasgow on 0141 374 2121 & Hamilton on 01698 283 265 or fill out our online form and we will call you back within 24 hours. You can even send us a direct message via Facebook Scullion LAW Road Traffic Experts.

Please remember that Scullion LAW Road Traffic Experts is part of a full service, high street law firm and we are on hand to help you with all your legal needs.

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