Home Hero Image
Dominic Sellar

Mobile Phone

Dominic Sellar & Co are experts in road traffic law in Scotland. Speak directly to Dominic today regarding your road traffic offence.

Book a Free Call For Immediate Consultation & Advice
  • This field is for validation purposes and should be left unchanged.

Regulation 110 Road Vehicles (Construction & Use) Regulations 1986 and Section 41D Road Traffic Act 1988

A person is not permitted to use a hand held mobile phone while driving and the law has created a specific offence to cover this situation.  However, where it is alleged that use of a mobile phone resulted in a loss of proper control or danger then charges under Careless Driving or Dangerous Driving may be brought with significantly increased penalties that could result in disqualification.  Even the use of hands-free devices can result in prosecution if the use of such a device causes a driver to drive poorly.  Charges can also be brought against an employer if it is established that they are allowing or requiring their employees to answer a phone while driving.  It is also an offence for a supervisor of a learner driver to use a hand held mobile phone while the learner is driving.

 

Why Choose Us?

"I firmly believe every motorist is entitled to expert road traffic advice"

  • We offer FREE confidential advice to all potential clients.
  • We provide an HONEST assessment of your situation.
  • We offer affordable FIXED fee pricing
  • We exclusively SPECIALISE in this area of the law

Independent Testimonials

From Recent Case Wins

Honest and trustworthy service

facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued

Careless Driving
Multiple Charges

I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a road traffic lawyer.

Penalty Points & Totting-Up
Speeding Driving Charge – 1st Class Service

Recently hired Dominic for a speeding charge I recieved. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.

Speeding
Speeding Driving Charge – Falkirk JP Court

Many thanks for all your efforts in getting the speeding charge against me dropped.  I would have no hesitation in recommending the services of you and your firm.  From the outset you were very clear about the process and procedures … Continued

Speeding
Dangerous Driving. Dumfries Sheriff Court

I would like to express my gratitude to Mr Sellar for the way in which he represented me when faced with a dangerous driving charge or alternatively speeding charge. He came across as knowledgeable and professional with his advice that … Continued

Dangerous Driving
Charges Dropped

My brother recently used the services of Dominic Sellar & Co for a road traffic offence, and we’re very glad he did! The charges against him were dropped, in no small measure down to the expertise of Dominic. Wouldn’t hesitate … Continued

Speeding
Traffic Charges

I would like to thank Dominic and his team for a great outcome in court. I would highly recommend him to anyone facing traffic charges. His fee was also very reasonable.

Speeding
Speeding Charge

From the start to the end Mr Sellar came Cross as a highly intelligent man and it wasn’t until in the courtroom the real level of his intelligence and knowledge for road traffic law shone through. The end result is, … Continued

Speeding
Drink Driving & Failing to Provide at Edinburgh Sheriff Court

Thank You so much for representing me in my court cases. I am more than happy to provide a recommendation…

Drink Driving
Careless Driving Case, Hamilton Justice of the Peace Court

I would like to express my sincere thanks to you for the care and attention you showed to my mum when you recently represented her in court. This was an extremely anxious time for my mum and your professional yet … Continued

Careless Driving
Speeding and Careless Driving at Glasgow JP Court

Thank you for getting the very best result for me today. I truly appreciate the expertise and knowledge that you have and how this has enabled me to retain my very precious driving license. I will have no hesitation in … Continued

Speeding
Careless Driving and No Insurance at Lanark JP Court

Thank you so much for all your help and representation with my case at Lanark Sheriff Court. My license is essential, your expect advice and representation at trial saved my licence and my job. Thanks again, I would highly recommend … Continued

Careless Driving


  • 6 penalty points and a fine; or
  • A fine and discretionary qualification


 

In order to secure a conviction there are three essential elements that must be proved by the prosecution:

  • The mobile phone must be held by the driver in his hand.  A mobile phone is treated as being handheld if it is physically held at any point during its use.  
  • The driver must be using the mobile phone.  Use is defined as “interactive communication” and includes making or receiving a phone call or performing any other communication function such as texting or emailing.  Simply holding a phone does not constitute use.
  • The driver must be driving the vehicle.  Even if a driver is stationary in traffic he is still regarded as driving as he remains in control of the movement and direction of the vehicle. 

A very wide interpretation has been employed by the prosecution and followed by the courts in deciding what amounts to using a mobile phone while driving.  This has resulted in some very dubious convictions.  In almost all cases, the prosecution will rely on the evidence of two police officers.  As it is the driver’s word against theirs these types of cases can be difficult to defend and this is why specialist legal advice is required.


 

It is a defence to a charge of using a mobile phone while driving that the call is to an emergency service, as long as the caller is acting in response to a genuine emergency and that it was unsafe or impractical to cease the driving in order to make the call.
Most defences, however, are based on a denial that a mobile phone was being used while driving. In support of such a position phone records can be obtained to show that there were no incoming or outgoing calls or texts. Locus inspections and photographs of the vehicle may also cast doubt on what the police say they saw, or what they think they saw, or, indeed what, they could have seen. Robust and forceful cross-examination may reveal inconsistencies and further undermine the prosecution case.


 

How we can help

If you have been charged with using a mobile phone whilst driving we can help. Our experience and expertise in this area will quickly determine the merits of your case and any other options that might be available to you. As specialist road traffic lawyers we are best placed to provide the right advice, which will ultimately save you time and expense. We can prepare your case, arrange for supporting documentation and make forceful representations at court. We pride ourselves in offering a service that is friendly, honest and reliable. For free advice that is without pressure or obligation simply contact us:

E-Mail Us Today or Tel: 0141 255 1519

Free Consultation and Advice

Request a call back

Send a message

Use this form to send us a message or request a call back. We will respond immediately.

  • This field is for validation purposes and should be left unchanged.

Save Your Licence

Get Free Immediate Advice

Call now on: 0141 255 1519 Send Online Message
  • This field is for validation purposes and should be left unchanged.
Send Online Message

We aim to respond to all messages as quickly as possible. Please tell us about your case so we have the right info available for you.

  • This field is for validation purposes and should be left unchanged.
Secure Message

We never share any of your information

Save Your Licence

Get Free Immediate Advice

Call now on: 0141 255 1519 Send Online Message

Request A Free Callback

  • This field is for validation purposes and should be left unchanged.
Send Online Message

We aim to respond to all messages as quickly as possible. Please tell us about your case so we have the right info available for you.

  • This field is for validation purposes and should be left unchanged.
Secure Message

We never share any of your information