GLASGOW OFFICE: 0141 550 1074 CALL NOW
DUMFRIES OFFICE: 01387 252 777 CALL NOW

Mobile Phone Offence Kilmarnock JP Court Found Not Guilty

Kept Licence
Kilmarnock Sheriff Court and Justice of the Peace Court

Our client was accused of using his mobile phone whilst driving and as a new driver, chose to defend the case. 

He ignored the fixed penalty for 3 points and £100 fine (we'll get to that in a minute). 

The charge before the Court in Kilmarnock was that he had failed to keep proper control of his vehicle by using his mobile phone. The statements however were focussed on the use of the phone rather than any complaint regarding the manner of his driving. 

The charge could not be amended by the Crown as to do so would have resulted in unfairness to our client as the Procurator Fiscal would actually be asking the Court to upgrade the charge. 

Mobile phone use offences now carry 6 penalty points. The original fixed penalty ticket again was focussed on the standard of driving rather than the use. The mixed message of the police in this prosecution ultimately led to the Procurator Fiscal discontinuing the case at Kilmarnock Justice of the Peace Court on the morning of the trial. 

As dedicated road traffic lawyers who have regularly appeared to defend motorists in Kilmarnock JP Court over the last decade, we can often spot the technical issues that would bypass other lawyers (even the new emerging breed of so-called 'specialist road traffic lawyers').

If you require assistance with a motoring allegation in Kilmarnock or elsewhere, call Michael Lyon Solicitors today for free advice.

 Kept Licence!

Published: 23/11/2017

Need help with a similar case?

Contact Us

See also

The Long Arm Of The Law

Our client was charged with using his mobile phone to text whilst driving. The police officer was adamant that from a distance of around 10 feet with nothing to obstruct his view he clearly saw our client using his right hand to send a text message. He was unable to see his left hand at all and presumed that it must have been on the steering wheel. The officer was asked if he noticed anything about our client at the time to which he replied that he had not. Our client was then invited to remove his jacket in the dock to reveal that he did not have a right arm. Needless to say that the officer was suitably mortified. This case attracted national front page headines across the UK - 'The Long Arm Of The Law' (which you can view in our Press & Media section). Our client was formally acquitted of the charge....