Are You Consulting the Best Road Traffic Lawyer?
A Road Traffic Lawyer is needed when things go wrong and you are facing a driving ban. Who do you choose and do you know what really matters when it comes to fighting a Mobile Phone Road Traffic Case?
No matter how many reminders from the police, the Government or Road Safety Organisations about not using your mobile phone while driving, there are still times when you just can’t help but pick up that call. If by any chance you’re already up to 9 penalty points on your driver’s license, and you got pulled over by the police because they say, you were using your phone, you may already need assistance from Graham Walker, Scotland’s leading road traffic lawyer.
Graham has been dubbed by the press as “Scotland’s Loophole Lawyer” you will get the message that he has earned a reputation amongst his peers and those who are “in the know” for his ability to spot opportunities to win a case where others fail. He has represented fellow solicitors, QCs, high ranking political figures as well as high powered business people and celebrities.
Roadtrafficlaw.com fight “Mobile Phone” road traffic cases on the basis that the evidence needs to be examined rigorously. Often a video reconstruction is required to examine the police viewpoints, phone records may require to be obtained and lodged in court. Obtaining phone records in a Mobile Phone Road Traffic Case is not as straight forward as you might think and actually involves drafting and lodging a document with the higher, Sheriff court and having a hearing to allow the telecoms co to release the third party data to you. We are not looking to mitigate the offence with an excuse. Use of your mobile phone while on the road knows only one excuse and that is use in an Emergency (As defined in law…calling the police etc)
It doesn’t matter if you tell the officer that pulled you over that the phone call you had to make was an emergency, they’d still charge you with an offense until that issue has been checked out. However, with the help of Graham Walker Lawyer, you might be able to win the case in court. Here are some common reasons that clients have explained to us as being “Emergencies” They are not regarded as emergency telephone calls as far as the law is concerned.
Examples of when clients could not help but pick up that phone:
- Your boss is calling, and you are expecting to be dealt with in a disciplinary hearing that may lose your job.
- Your pregnant wife is calling you.
- You remembered leaving the door at home unlocked.
- An unknown number is calling, and curiosity makes you want to pick up that call.
- Your child’s teacher or principal is calling you.
These are only a few of the many reasons why people can’t help but pick up the phone. As much as possible, you need to pull over when picking up the phone. Even when pulled over you may still be committing an offence if it looks to the police as though you are still in the process of driving. Switch that engine off.
Though using a hands-free device is presently considered safer (The jury is out on that research) this may actually be accepted by court to establish your defence so take photographs of your hands free set up. Try to show the police where it is and how it works. Don’t be surprised if they are not interested as they have made up their mind and “you are it”, as far as they are concerned.
Our main website at Roadtrafficlaw.com gives further advice and assistance and we have a free factsheet that you can obtain simply by getting in touch. No obligation and no sequence of Spam mails from uninvited authors!! I promise.
What if that phone call surprises you, distresses you or otherwise contributes to an accident of some kind? —whether it’s good or bad news—that causes you to drive off road, or collide with another road user, you can expect to be dealt with by way of a much more serious charge. Dangerous Driving or a contravention of Section 2 of the Road Traffic Act 1988 is what you can expect to face and that carries a 12 month ban minimum and an order to re sit your driving test. It’s bad enough to get into an accident by yourself but even worse when you have other people involved in that accident? If that happens you could be in the nightmarish position of facing causing a death by Dangerous Driving.
Road traffic law in Scotland is a complex and difficult area of practise and many general practitioners feel that it is best to refer such cases to specialist firms like Graham Walker and roadtrafficlaw.com. We work on a completely transparent process of rewarding such firms with a “Profit share” referral fee, they can receive 10% of our agreed fee or they may wish to discount the client’s fee by that 10% or have us make a charitable donation for that amount.
Police officers do sometimes get it wrong. In a split second they draw the wrong conclusion and the next thing is that you are facing a 3pp endorsement and a £100 fine or much worse a Totting Up ban of 6 months. However, if you need help in your defence or if you badly need to win this case, then you must consult with a road traffic lawyer such as Graham Walker.
The police don’t need video/photo evidence to say that you’ve disobeyed the road traffic law in Scotland so you definitely need a road traffic lawyer in order for you to win the case. Trust no one but a road traffic lawyer with 30 years of experience in Criminal Law with a road traffic specialty—contact Scotland’s Loophole lawyer for a FREE case consultation today. Call Graham Walker on 0800 612 9597 today.