Driving while using a mobile phone is a serious offence in Scotland, and the consequences can be significant. It is essential for drivers to be aware of the law and the potential penalties they may face.
Legal Framework for Mobile Phone Use
In Scotland, the law prohibits drivers from using handheld mobile devices while operating a vehicle. This includes making calls, texting, or using apps. The legislation is designed to improve road safety and reduce accidents caused by distracted driving.
What Are the Penalties?
If caught using a mobile phone while driving, you could face:
- A fine of up to £200.
- Points on your driving licence (typically six points).
- Increased penalties can be imposed for repeat offenders or those causing accidents while distracted.
Accumulating 12 points within three years can lead to a driving ban. This could severely impact your ability to work and carry out daily activities. Be aware that 2 mobile phone offences committed in a 3 year period will normally result in you losing your licence for a period of 6 months.
Exceptions to the Rule
There are some exceptions where using a mobile phone may be permissible, such as:
- Using a hands-free device, provided you are not distracted.
- Using your phone to call 999 or 112 in an emergency if it is safe to do so.
Even with hands-free devices, if you are deemed to be driving carelessly or dangerously as a result of being distracted, you may still face penalties.
What Should You Do Immediately If Caught?
If you are stopped by the police for using your phone while driving, you should:
- Remain calm and respectful.
- Provide the police with your details when requested.
- Consider making no comment at the scene, but must provide details to the police as to the identity of the driver.
When Should You Contact a Solicitor?
If you have been charged with using your phone while driving, it is advisable to contact a solicitor promptly. An experienced solicitor can help you understand your rights, the legal process, and potential defences. At Bruce & Co Solicitors, we provide clear, practical advice tailored to your situation.
Speak to a Solicitor
If you have been caught using your phone while driving, it is essential to seek legal advice as soon as possible. Contact Bruce & Co Solicitors at 01241 430660 for direct access to experienced solicitors based in Arbroath, serving Dundee, Forfar, and Perth. We can help you navigate the legal process and provide the support you need.
This blog provides general information only and should not be considered legal advice. For advice specific to your situation, please consult a qualified solicitor.