Driving Whilst Using A Mobile Phone

Driving Whilst Using A Mobile Phone from 1st Road Traffic Law Specialists Scotland

By: 1st Road Traffic Law Specialists Scotland  29/07/2009
Keywords: road traffic law, Motoring Solicitors

Driving Whilst Using a Mobile Phone.

We defend mobile phone prosecutions frequently and find that almost on a daily basis we are contacted in connection with these cases.

Our expertise in mobile phone case prosecutions means that we can make a real psoitive impact when it comes to defending you in such a case.
A recent example:

Client charged with using a mobile phone whilst driving her Bentley down Sauchiehall Street Glasgow. Evidence was that two police officers observe her holding the telephone to her right ear and they proceed to follow her for approx 500 yards whilst she continues to telephone.

They stop her vehicle and ask her if she was making an "Emergency call" they say that she responded by saying "No, I am running late for a business meeting"

She instructs another solicitor who refers the case to us as he can see no way to win the case. We proceed to trial and secure an acquittal after  2 hours in court.

We cannot explain how we did this. Otherwise every lawyer in the country would try it. All we are willing to say is that the case was transferred into a court wih a very experienced Procurator Fiscal and very able judge as the Crown were aware that I intended raising a legal issue that they felt required careful consideration as the impact of defence success could be a real problem for these prosecutions.

My client was delighted that the mobile phone case was won as she stood the chance of losing her driving licence under the "Totting up" provisions. The Crown may yet appeal the decsion but if they do I think they may open the floodgates to the defence and hundreds if not thousands of these cases will fall at trial stage.

Keywords: Motoring Solicitors, road traffic law

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