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Road Traffic Offences Lawyers Glasgow, Scotland

Jones Whyte Law’s Road Traffic Solicitors provide expert legal representation to drivers in Glasgow, Edinburgh and across Scotland.

We understand that a prosecution for a road traffic offence can bring fear, anxiety and stress at the thought of losing your driving licence and your livelihood.

At Jones Whyte Law, we provide quick, honest and straightforward advice and representation that you can trust and rely on.

Regardless of the offence you have been charged with, we will vigorously fight your corner and do everything we can to protect your licence and your livelihood. Our road traffic solicitors have successfully defended hundreds of road traffic cases in courts throughout Scotland.

Mobile Phone Offences Solicitors Glasgow

It is now well known that it is an offence to use a mobile phone whilst driving. In recent years, the police and authorities have increasingly focused on motorists caught while using a mobile phone – which is why you need expert advice at the earliest opportunity.

If you are convicted for the offence of driving while using a mobile phone, then this will usually result in the imposition of six penalty points and a £200 fine. However, if the matter is taken to trial then the fine can be increased to as much as £1,000 (or £2,500 if a bus, coach or HGV was being driven) and you could face a diving ban.

The law also prohibits the use of handheld devices when driving. Clearly this has wide-reaching ramifications in today’s world. The law defines a handheld device as an item that ‘is or must be held at some point during the course of making or receiving or performing any other interactive communication function’.

These ‘interactive communication functions’ include sending or receiving pictures or videos, sending or receiving spoken or written messages and accessing the internet.

While some people believe that it is not an offence to use mobiles or other devices while at traffic lights or in a jam, this is a misconception. As many drivers have found out, the law also applies here.

In most cases, an accusation of driving while using a mobile phone will come down to the word of two police officers against that of the driver. However, it is possible to obtain the drivers mobile phone records, which can provide support for an argument that the phone was not being used. However, this is not the only defence available. If you have been charged with driving while using a mobile phone, then contact us today on 01413751222.

Speeding Offences Lawyers Glasgow

Of all criminal offences, you are more likely to be prosecuted for speeding than anything else. There are speed cameras on roads all across Scotland, and all it takes is a momentary lapse to break the law.

In most cases, you will either be photographed committing the offence by a fixed camera, caught on a police handheld device or have your speed monitored by a police vehicle. In any case, this evidence can be challenged – which is why you should take the advice of an expert road traffic lawyer as early as you can.

As with any road traffic offence, there must be evidence that you were speeding. This evidence can come from many sources but if it fails to meet the standard required by law, then the court will have to acquit you – and this is where we come in. Testing the evidence and finding weaknesses is at the core of any successful road traffic defence. Depending on the offence or the number of points already on your licence, taking the right advice can be the difference between losing and retaining your licence.

The most common defence to a charge of speeding is to demonstrate to the court that the device used was not being used correctly. There are a number of devices that can detect speeding and any successful prosecution must first establish that the device was working properly and being used correctly. This means that the device must be properly ‘calibrated’ and has been subject to the correct checks.

Another common defence to a charge of speeding is that the area in which the offence took place was not properly signposted with respect to speed limits. Traffic signs must comply with the regulations laid down by law – these regulations include things like size, colour, shape and visibility. There must be signs at regular intervals within the area and within specific distances. If the signage does not comply then we can argue on your behalf that the speed limit is unlawful and cannot be enforced.

In a great many cases, the accused will accept that they were indeed speeding but will still require legal assistance as they will be banned and suffer ‘undue hardship’ as a result. This may persuade the court to dispense with a ban.

The penalty for speeding is between 3 and 6 points, and a fine, although the court can impose a ban if the situation warrants it. As above, if you are charged and convicted then you may pass the 12-point threshold and be banded under the ‘totting up provisions’.

There are also circumstances known as special reasons, where even though it is accepted that speeding occurred the usual punishment does not follow. If the court is persuaded by special reasons to exercise its discretion not to punish you then you will not have any penalty points imposed on your licence.

If disqualification applies then the court can exercise its discretion not to disqualify at all or to substantially reduce the period of disqualification in light of special reasons.

To amount to special reasons, a matter must:

  • be a mitigating or extenuating circumstance;
  • not amount in law to a defence to the charge;
  • be directly connected with the commission of the offence; and
  • be one which the court ought properly to take into consideration when imposing a sentence.

“Brilliant job. Saved my licence for me as well as my job because if the licence went, my job went.”

Kieran M


Road Traffic Lawyers Glasgow

If you have been charged with speeding or any other road traffic offence, we can help. Contact us today for timely, expert road traffic legal advice. Call us on 01413751222.

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