Scots Law

Scottish law questions? Ask a Scots lawyer

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

i am being convicted of driving whilst holding my moble phone…

i am being convicted of...
i am being convicted of driving whilst holding my moble phone in my left hand to my left ear, this is something which i am hand of heart innocent of. long story short cant afford a lawyer should i just plead guilty? what is the maximum penalty and implications? What exactly happens at an interim diet?
Show More
Show Less
Ask Your Own Scots Law Question
Answered in 29 minutes by:
6/5/2009
F E Smith
F E Smith, Solicitor
Category: Scots Law
Satisfied Customers: 10,726
Experience: 30 years in General Practice
Verified

What is an interim diet? Are you in Scotland?

 

F E

Ask Your Own Scots Law Question
Customer reply replied 9 years ago

quote from letter "the purpoe of the intermediate is to ascertain the state of preperation of the prosecuter and yourself in respect of this case and wether you intend to adheire to the plea of not guilty",

 

yes i am in scotland the evidance against me is the word of two police officers only no other evidance,and altho i can not prove it the have lied on there statments that i made no plea when i did at the time plead not guilty at the road side,

 

i know that sometimes a judge can thro a case out for lack of evidance, but should i take the risk that he might not! will the punishment be more severe if i plead guilty after the intermediate but before the trial date?

I'll have this transferred to our Scots Law Section for you.

 

F E

Ask Your Own Scots Law Question
Customer reply replied 9 years ago
ok thank you
ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1,290
Experience: LLB (Hons), Dip LP, NP
Verified

HiCustomer/p>

 

Thank you for your question. You are now in the Scots Law section.

 

The intermediate diet is a procedural hearing where a number of things are checked. Firstly they check whether you are maintaining your not guilty plea, then they check whether you have a special or statutory defence. Special defences are things like alibi, incrimination etc, statutory defences are contained in the legislation that creates the crime and include things like a skean dhu being allowed to be carried as opposed to it being an offensive weapon. They also check whether any witnesses either you or the crown are cited and available.

 

There is no prospect of the Sheriff throwing a case like this out at the Intermediate Diet, just as there is little prospect of you being found not guilty when the evidence is coming from two police officers. You and I both know it can happen but Sheriff's seem to think that cops are immune from telling lies.

 

If you plead guilty at the intermediate diet I would expect the penalty to be £120 and 3 penalty points, if you leave it to before the start of the trial I would expect the fine to rise to £180, the points would remain the same.

 

Hope this helps. Please click ACCEPT for my time to be created.

 

SLP

ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1,290
Experience: LLB (Hons), Dip LP, NP
Verified
ScotsLawPro and 87 other Scots Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScotsLawPro Your Own Question
ScotsLawPro
ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1,290
1,290 Satisfied Customers
Experience: LLB (Hons), Dip LP, NP

ScotsLawPro is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

346 satisfied customers

Qualified Solicitor

John Knox

John Knox

Solicitor

226 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

26 satisfied customers

I am a practicing solicitor, specialising in litigation, employment and family law

INC

INC

Solicitor-Advocate

3,872 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

< Previous | Next >

Related Scots Law Questions
I am due to appear for an intermediate diet on Monday
I am due to appear for an intermediate diet on Monday regarding drink driving When I was stopped the officers said they couldn't tell I had been drinking I fully cooperated and I. Blew a 32 at the sta… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
Can you tell me if special bail conditions cease when someone
Can you tell me if special bail conditions cease when someone is remanded. My partner has special bail conditions not to contact me but he broke these conditions and was caught drink driving my car la… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
For a first alledged offence of reckless conduct at a football
For a first alledged offence of reckless conduct at a football match where no actual harm was ocassioned would a 17 year employed youth be likely to recieve a custodial sentence if found guity at tria… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
Hi i just got stopped for using my phone whilst driving and
Hi i just got stopped for using my phone whilst driving and got a £30 fine and 3 points. That takes me up to 10 points if i take them. I wasnt actually using my phone though, i just plugged in my hand… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
my husband was stopped in March whilst riding his Lambretta
my husband was stopped in March whilst riding his Lambretta scooter. He is being charged for not having a valid driving licence (expired) and for doing 43 mph in a 30 mph zone. The police officers sai… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
I was 3 working days late for a fine due to phoning whilst
I was 3 working days late for a fine due to phoning whilst I was driving.i paid the fine by cheque and it was returned to me with my license stating the fiscal would be in touch. I work in England and… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
From the information I can find on various web sites, my conviction
From the information I can find on various web sites, my conviction in 2010 (charged in March 2010, sentenced in October 2010) is 'spent', given that I was 'admonished', and more than 6 months have el… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
346 satisfied customers
I have been charged with driving whilst under the influence
I have been charged with driving whilst under the influence of alcohol, it is my second such offence in 4 years. The crown made an application for a restitution/confiscation order for the vehicle whic… read more
John Knox
John Knox
Solicitor
Post-graduate diploma in law
226 satisfied customers
how long is the maximum between offence being committed and
how long is the maximum between offence being committed and court apperance in a sheriff court… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,889 satisfied customers
I have been accused of a road traffic act I did not commit.
I have been accused of a road traffic act I did not commit. I have a trail in June. Meantime I am trying to establish my rights with the court. The incident occured on 20th Feb and I was taken into cu… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
On 19/07/10 I went to see my uncle in scotland in emergency
On 19/07/10 I went to see my uncle in scotland in emergency (He is heart patient and had operation for his hernia) on the way back i was being stoped by dumfries police I was driving my friends car. P… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
Scottish Curry Restaurant.Myself (49) and colleague (43)
Scottish Curry Restaurant. Myself (49) and colleague (43) were both badly beaten by 6 guys who appeared when we were simply arguing about the bill. It was professional job and had obviously been well … read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
I am astonished to find that I have been convicted of assault
I am astonished to find that I have been convicted of assault following a court appearance last week, I believed I had pled guilty to breach of the peace. The original charge was assault, but followin… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
got attacked by my friends and he is stated we were in a r/ship
got attacked by my friends and he is stated we were in a r/ship we used to be in a r/ship however i ended it as we were more friends!-he used a hammer on my head which has been glued and also slashed … read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
Not sure if you can help. My husband has been charged with
Not sure if you can help. My husband has been charged with lubious behaviour towards a 15 year old girl. This was a friend of our daughter. I believe that my husband is innocent, all he is guilty for … read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
Can you give me advice and guidance , i have been charged with
Can you give me advice and guidance , i have been charged with the following offence , On 16 November myself and my friend did commit a homesexual act otherwise that in private , contrary to the crimi… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
Can you please advise. I was stopped by the police for allegedly
Can you please advise. I was stopped by the police for allegedly doing 58mph in a 30mph dual carriageway [no speed limit signs but street lights]in Scotland where I live. Police used a hand-held laser… read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers
i have a hands free system in my car however its faulty. I
i have a hands free system in my car however its faulty. I have to pick the phone up (although I did put it to my ear) and then replace in the cradle which clears the problem. I was stopped today and … read more
ScotsLawPro
ScotsLawPro
Solicitor
Bachelor's Degree
1,290 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x