Mobile phone driving cases seem to be on the increase all over Scotland. Our experience in the courts of Scotland indicates that prosecutions are well up on last year but we await official statistics on the matter.
Mobile phone driving...the jail threat
Thank fully the Procurator Fiscal's offices in Scotland do not seem to be following the jail recommendation that motorists in England and Wales faced when caught driving dangerously while using a handheld mobile phone face jail under new guidelines.
The CPS guidance follows a policy
change announced in September last year because of concerns that too many drivers
flouted the ban.
We are instructed in hundreds of these cases per year and we believe that we have discovered a loophole in how some areas of Scotland choose to prosecute the cases. If you need our help with a mobile phone driving case please contact us as soon as possible.
In Scotland drivers still face the standard penalty of a fine and points.
But where driving falls far short of what is safe, the Procurator Fiscal's office can prosecute for a charge of dangerous driving.
Even if successfully prosecuted this does not mean that you will have to lose your licence. Three points will be endorsed on your licence however if "exceptional hardship" can be established you may be saved from a "Totting up" ban.