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ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
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i have been done with using a mobile device whist driving

Customer Question

i have been done with using a mobile device whist driving & not wearing my seat belt. i never took the charge at the time, because i wasnt on my phone, but admitted to not wearing a seat belt at the time and have been to court. i have my phone records which prove i wasnt on my phone at the time in question. can i appeal to to the Procurator Fiscal so i dont have to go to court? my court dates the 22nd June. I am representing myself as i am unable to get legal aid.
Submitted: 8 years ago.
Category: Scots Law
Expert:  ScotsLawPro replied 8 years ago.



Thank you for your question.


If the procurator fiscal will not accept your mobile phone records as proof you were not on the phone then you will have to take this matter to trial and as such attend at court. I would be inclined to think that you will need to take this to trial. The mobile phone records only show you were not on that phone that they refer to, you might have more than one phone. This will almost certainly be a trial I am afraid.


There is no prospect of getting legal aid for this I am afraid, this is one of the charges where I now no longer even try.


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