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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17169
Experience:  30 years as a practising solicitor.
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Im writing on my daughters behalf. Yesterday she was driving

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Im writing on my daughters behalf. Yesterday she was driving home from Edinburgh. When she reached a red light she lifted her phone to plug in, This took a matter of seconds. The police stopped her and said she had b reached the law - by having the phone in her hand for a few seconds as she plugged it in. They fined her £200 and 6 points on her licence.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No haven't spoken to a lawyer she lives in Scotland and was driving from Edinburgh to Bridge of Allan where she lives.
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Customer: replied 9 days ago.
Ok did you receive bit about fine £200 and six points on her license

In my opinion your daughter should refuse the penalty notice, get a solicitor and take this to court. Last year the law of mobile phone use was tightened up so as to extend the offence from phoning and texting to other users such as holding the phone to operate a playlist or use sat nav. However plugging the phone into a charger arguably goes beyond the definition of use. I am not aware of any case which has been decided by the courts in relation to plugging the phone in but I think there is a good argument that that is not using the phone and that the police were wrong to issue a penalty just because the phone was in her hand for that limited purpose. See a good road traffic lawyer in your area.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

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