Can I insure a private e-scooter for use on public roads?

No, it is not possible to obtain a valid motor insurance policy for a private e-scooter for use on the public highway in Scotland. Because private e-scooters are not lawful for road use, insurers will not provide cover for that use, and riders stopped on public roads can face charges such as driving without insurance.

What charges could I face if stopped by Police Scotland while riding an e-scooter?

Common charges include driving without insurance, driving otherwise than in accordance with a licence, and other road traffic offences if the vehicle is modified or used dangerously. A vehicle may also be seized. Outcomes can range from fixed penalties to court proceedings, depending on the specific circumstances.

What should I do if Police Scotland stop me while I am riding an e-scooter?

Comply with lawful directions from officers, remain calm, do not admit guilt at the roadside, ask why you are being stopped, and contact a specialist road traffic lawyer as soon as possible. Early legal advice is important, especially where insurance or licensing charges are involved.

Can modified e-bikes be treated as bicycles?

No, national rules normally limit an electrically-assisted pedal cycle to a motor output of 250 watts and a maximum assisted speed of 15.5 mph, about 25 km/h. Bikes exceeding those limits, or modified to exceed those limits, may be classed as motor vehicles and will require registration, licensing, and insurance.

Road Traffic Law Scotland Archives | Roadtrafficlaw.com Solicitors

Not Proven Verdict: Changes in Scots Law Explained, Roadtrafficlaw.com Perspective

noemail@noemail.org (Andrew Martin) — Thu, 18 Sep 2025 09:57:40 GMT

What the abolition of the “not proven” verdict means in Scots law, a road traffic lawyer’s view

Summary

Historically, Scots criminal law allowed three verdicts, Guilty, Not Guilty, and Not Proven.

The not proven verdict is an acquittal in law, but it often left an accused person – wrongly – under a cloud of suspicion.

Under the Victims, Witnesses and Justice Reform (Scotland) Bill, the not proven verdict is set to be abolished. From now on, juries will only be able to return Guilty or Not Guilty.

The Bill also reforms how jury decisions are reached, requiring a stronger majority for conviction. However, the most significant change for our clients is the removal of not proven as a verdict, because it means there is now one fewer way to be acquitted.

A Road Traffic Lawyer’s Perspective

For defendants, the outcome will now be clearer, but also less flexible. They will either be convicted or acquitted, without the lingering stigma of a not proven outcome. The reform removes confusion for the public, yet it also removes a verdict that is a valuable “safety valve” in borderline cases.

From a defence perspective, we sometimes found not proven useful in cases where the Crown’s evidence was weak or inconclusive. If the Crown did not prove its case beyond reasonable doubt, the accused could be acquitted under either not guilty or not proven.

Its removal means juries must now make a starker choice: Guilty or Not Guilty. For drivers accused of serious road traffic offences, this may increase the risk of conviction. It is now more important than ever to ensure that defences are properly prepared and presented.

Road Traffic Examples where ‘not proven’ was a possible outcome:

Dangerous Driving

Dangerous driving prosecutions often turn on whether the driving fell far below the standard of a competent and careful driver.

Example: an alleged overtaking on a blind bend, conflicting witness accounts, inconclusive Dashcam footage.

Previously, a judgement of ‘Not Proven’ was sometimes returned where they were not convinced beyond reasonable doubt but were not ready to say not guilty.

Causing Serious Injury by Dangerous Driving

Cases of causing serious injury by dangerous driving can involve complex expert evidence about speeds, timings, or light sequences. These cases are sometimes “solemn” cases (that is, decided by a jury).

In the past, where CCTV was unclear or experts disagreed, not proven was sometimes returned. From now on, the accused will either be found Not Guilty or convicted.

Drink Driving with Disputed Testing

For drink driving, where the evidential sample or calibration is questioned, not proven was a common verdict.

See Drink Driving Police Procedures for more on testing and defences.

With the reform, a weak or unreliable case should now result in a not guilty acquittal.

Failure to Stop or Report an Accident

Offences under section 170, for example failure to stop or failure to report, are often supported by circumstantial evidence such as paint transfer or CCTV.

See our Failure to Stop, Failure to Report pages for case examples.

Previously, where the court felt suspicious but unconvinced, they might have chosen not proven. Now, the only acquittal available is not guilty.

Speeding Matters

Speeding prosecutions sometimes depend on device calibration or enforcement process, see our guides Caught Speeding in Scotland and Speeding Penalties in Scotland.

Where technical or witness evidence is disputed, the judge can no longer reach for not proven and must either convict or find the accused Not Guilty.

Practical advice

If you are charged, get advice early, call us via our Contact Us page.
Preserve evidence, for example Dashcam footage or phone data, this often determines whether a jury will be convinced beyond reasonable doubt.
If police procedure is in dispute, specialist advice can test the reliability of breath tests, calibration records, or CCTV, see our Post Incident Drinking Defence guide.

Conclusion

The abolition of not proven is a major shift in Scots criminal law.

For drivers facing prosecution, it means there is now one fewer route to acquittal. While acquittals will carry less stigma, in serious cases juries can no longer choose not proven as a “compromise”. Will juries be less likely to say someone accused of – say – causing death of a child by driving is “Not Guilty” as opposed to finding the case “not proven”? We think they will be less likely. That is probably the whole point.

Our opinion is that the abolition of “not proven” will make little to no difference in the vast majority of road traffic prosecutions. These cases are determined by a single judge. Judges fully grasp that the Crown must prove its case beyond reasonable doubt. Failure to do so equates to “Not Guilty”, even if they think the accused is “probably” Guilty. But will juries make the same distinction in the most serious cases? That remains to be seen. “Not Proven” was, in our opinion, a valuable potential outcome. It crystallised in the jury’s mind that the Crown must prove its case. This burden of proof is the bedrock of our legal system. It protects us all. Not Proven allowed a jury to reach a verdict of acquittal without definitively saying “he didn’t do it”. But it will soon be gone.

Going forward, careful preparation of a defence will be crucial to avoid wrongful conviction and protect driving licences, livelihoods, and reputations.

For tailored advice on your case, visit our Contact Us page, or call 0800 048 8696.

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New Drivers Act 1995 – 30 years old and still misunderstood

noemail@noemail.org (Steven Farmer) — Tue, 9 Sep 2025 15:10:59 GMT

Introduction

The Road Traffic (New Drivers) Act 1995 – aka the New Drivers Act 1995 – is now 30 years old. It remains, however, as misunderstood today as the day it hit the statute books. The purpose of this article is to clear up the most common misconception – when the Act has effect and when it does not.

What is the New Drivers Act 1995?

The New Drivers Act 1995 is aimed at drivers who have passed their test within the preceding two years.In terms of section 1 of the Act, on passing their test, a new driver enters a two year probationary period. If criteria in section 2 are fulfilled, which we discuss below, section 3 provides that the Secretary of State (in effect the DVLA) must revoke the licence of the driver concerned. There is no discretion. The revocation is effected by serving a notice upon the driver advising them of it. In other words, a driver is not revoked when they accrue the points. They are revoked when the DVLA serves a notice.In simple terms, if a new driver accrues 6 points within their probationary period, the DVLA must issue a notice of revocation. The points can be as a result of a conviction or a fixed penalty.

To be issued with a new licence, a person must resit and pass both parts of the driving test. It is important to note that a revocation is not a disqualification. A revoked driver can still drive so long as they obtain a provisional licence and obtemper its terms. Or, to put it another way, a person effectively becomes a learner driver again. Theoretically, therefore, a driver could have a full licence again within days of revocation.

Common Misunderstandings

In our experience, the New Drivers Act 1995 is misunderstood in four main ways

Drivers who have had their licence endorsed with 6 points as a learner driver think they will be automatically revoked upon passing their full test;
Drivers who commit offences while learners but whose licences are not endorsed until after they pass their full test think they will be revoked
Drivers receiving 3 points as a learner plus 3 during their probationary period think they will not be revoked
Drivers who commit offences amounting to 6 points during their probationary period but whose licences are not endorsed until after the probationary period think they will not be revoked

To whom does the New Drivers Act 1995 apply?

This involves properly understanding section 2 of the New Drivers Act 1995. A person will be revoked if:

they are convicted (or receive fixed penalties) for offences carrying penalty points;
the penalty points to be taken into account number 6 or more
and the offence was committed during the probationary period

Penalty points are “taken into account” if they are committed within 3 years of each other. But it is the phrase “committed during the probationary period” which is the key to understanding how the Act works. The Act applies if you commit an offence (or offences) during this period. Offences committed as a learner only count if you subsequently commit an offence within the first two years of passing your test and within three years of the “learner” offence.

Examples of when the Act applies (and when it does not)

Example one – not revoked

A person gets 6 penalty points while a learner driver. Their provisional licence is endorsed. They then pass their full test. Their full licence is not automatically revoked. This is because the offences were committed before the commencement of the probationary period.

Example two – not revoked

A person commits 2 offences while still a learner. Each carries 3 penalty points. 3 points are endorsed on the provisional licence. The other 3 are not endorsed until after the person has passed their full test. Even although 6 points have been accrued, their full licence is not revoked. This is because the offences were committed before the commencement of the probationary period. The fact that the points were not endorsed until after the person passes their full test is completely irrelevant.

Example three – revoked

A person gets 3 points as a learner in May 2025. They pass their full test in June 2025. They then commit an offence in July 2025 for which the receive 3 points. This person will be revoked. The points accrued as a learner are taken into account because they were committed within 3 years of the second offence. It is not the case that a person is allowed 6 points after passing their test.

Example four – not revoked

A person gets 3 points as a learner in May 2022. They pass their full test in May 2025. They then commit an offence in June 2025 for which the receive 3 points. This person will not be revoked. The difference from the example above is that the points accrued as a learner are not taken into account. This is because they were committed more than 3 years before the second offence.

Example five – revoked

A person commits offences within their probationary period but their licence is not endorsed with 6 points until after the end of that period. This person will be revoked. It is the date of the offence that counts, not the date of endorsement. All that matters is that the offences were committed within the first two years. It does not matter that – for example – that the person has been driving for three years by the time that their licence is endorsed.

Why choose Roadtrafficlaw.com to defend you?

In all cases, whether you intend to plead Guilty or Not Guilty, it is absolutely essential that your solicitor is capable and experienced. Since our inception in 2001, we have focused on how to assist all drivers, including new drivers. Our founding principles of specialisation, expertise, communication and client dedication remain central to the firm. We will be on hand to advise you throughout the whole process, from measures you can take before your first appearance to assisting you with each step of the process thereafter. Our specialisation allows us to focus on your case more than is possible for other firms. Contact Us to discuss your case free of charge.

Call: 0800 048 8696

Also see:

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Scottish Drink Driving Charges – Court Procedure

noemail@noemail.org (Steven Farmer) — Mon, 8 Sep 2025 10:50:39 GMT

Introduction

The advent of the “case management system” into Sheriff Courts means that court procedure for Scottish Drink Driving Charges has changed. The case will start in the same way – either with appearance from custody, at a bail undertaking or at a pleading diet. However, if the accused is considering a plea of Not Guilty, the procedure may now be different. This guide seeks to provide clarification on what can happen and when.

Initial Interaction With Police

Drink driving in Scotland is an arrestable offence. The police will usually arrest a person suspected of drink driving and take them to the nearest police station with a type-approved breathalyser
In most cases the police will require the driver to provide a specimen of breath for analysis.
In some cases, it will not be appropriate or possible to obtain a specimen of breath. The police may then require a specimen of blood or urine instead
If a specimen of breath is obtained and is found to be over the limit, the police will usually charge the person with drink driving. The police will then do one of three things – (1) release the person and advise them that a report will be sent to the Procurator Fiscal; (2) hold the person until sober and then release them on an “undertaking” to attend court on a specific date; (3) hold the person in custody until the next court day and take them to court
If a specimen of blood or urine is obtained, this will require to be analysed. The person is usually released without charge and a report is submitted to the Fiscal.

Scottish Drink Driving Charges – What Next?

The court process for Scottish drink driving charges can begin in three ways, depending on the approach taken by the police. We discuss these below. In the majority of cases, the accused person is released on “police bail” called an undertaking. The undertaking will contain a date when you must attend court together with other conditions. If you agree to these conditions the police will release you from custody.

However the case starts, you will be served with a set of case papers before commencement. The papers will contain a “complaint“, a “summary of evidence” and a “citation”

The complaint is the charge against you. The summary of evidence is, surprisingly enough, a summary of the evidence. This is sometimes very brief. The citation contains your court date. In the case of an appearance from custody or an undertaking you will, of course, already be at court.

Court Procedure for Scottish Drink Driving Charges – First Appearance

The first appearance of people facing Scottish drink driving charges can be either:

Appearing from custody
Appearing at an undertaking
Appearing at a pleading diet (unusual for breath cases but the norm for blood/urine cases)

Until recently, this was when an accused person would tender a plea of Guilty or Not Guilty. A plea of Guilty can still be entered at this stage but the situation can be more complex in situations where the accused intends to plead Not Guilty.

Guilty Plea

We would urge you to contact a lawyer before tendering a plea of any kind. Drink driving is a serious offence and can have serious consequences.

Call: 0800 048 8696

Assuming you are present in court and have pleaded Guilty, the case will usually be dealt with there and then by a disqualification from driving and a fine . In particularly serious cases, however, or where the accused has a significant criminal record/poor driving record, the Sheriff may defer sentence for approximately four weeks to obtain background reports on you. You will also be disqualified from driving with immediate effect but the length of the ban will be determined at the subsequent hearing.

Not Guilty Plea

Previously, pleas of Not Guilty to Scottish drink driving charges could be tendered by you or your solicitor at the first appearance. This has now changed if the case is allocated to the case management system.

If a case is placed in the case management system, it will be “continued without plea” on a rolling 4-week basis until the key evidence is disclosed. The accused will usually have to attend court on these occasions.

Once a Not Guilty is finally entered, two further dates will then be set for your case called the intermediate diet and the trial diet. The timescale involved varies from court to court but, as a rough guide, expect a trial to be scheduled 3-4 months later.

Intermediate Diet

The intermediate diet is a short procedural hearing. The accused person is ordinarily expect to attend court if the matter is calling in court.

The purpose of the intermediate diet is fourfold:

First it is to make sure that there is no change of plea or resolution of the case with a plea to an amended charge such as careless driving.
Second it is the time to intimate any “special defences“. If facing Scottish drink driving charges, most obvious special defences are the closely-linked defences of necessity and coercion. Other defences, such as post-incident drinking, should also be intimated at this stage
Third, it is to ensure that disclosure of the evidence has been effected.
The final purpose of the intermediate diet is to make sure that both sides are ready for trial. If either side needs additional preparation time because, for example, disclosure was late or has a witness difficulty, then the purpose of the intermediate diet is to bring this to the attention of the court. In these circumstances either side is entitled to request an adjournment (delay) of the trial to a later date.

Nowadays, due to a process called the “pre-intermediate diet meeting” the intermediate diet is often dealt with administratively without the case physically calling in court.

Court Procedure for Scottish Drink Driving Charges – Trial Diet

The trial diet is the forum at which evidence is led.

Key points:

The Crown must prove the case beyond reasonable doubt. There is no obligation upon the accused to lead evidence.
The Crown therefore always leads its witnesses first.
The Crown calls witnesses one at a time and asks questions about the incident. These witnesses are then cross-examined. The prosecution can clarify points raised in cross-examination.
Any other evidence relied upon by the Crown, such as CCTV, will also be played.

If the defence considers that the Crown has led insufficient evidence to prove the case then it is entitled to make a submission of “no case to answer“. In the context Scottish drink driving charges, this will usually revolve around failures in police procedure. If this submission is successful then the accused is acquitted and the trial ends. Otherwise the defence has two choices:

The defence leads no evidence. If this is the case, the next stage is legal submissions. The argument made by the defence is that the Crown’s evidence is not of sufficient quality for the court to convict. The question is one of quality rather than quantity.
The defence leads evidence. This will usually be the accused and any expert witness, such as a toxicologist, instructed by the defence.

The defence will then close its case. Both sides then make legal submissions. The defence is entitled to speak last. There are three possible verdicts (1) Guilty; (2) Not Guilty; (3) Not Proven. If you are found Guilty, the matter will proceed to sentence in the manner described above.

What Now?

In all cases, whether you intend to plead Guilty or Not Guilty, it is absolutely essential that your solicitor is capable and experienced. Detailed knowledge of the relevant case law and sentencing guidelines is also essential. We specialise in these types of cases. Get in touch now:

Call: 0800 048 8696

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Crackdown on Illegal E-Scooters and E-Bikes, What It Means for Scotland

noemail@noemail.org (Andrew Martin) — Mon, 8 Sep 2025 09:53:15 GMT

Crackdown on Illegal E-Scooters and E-Bikes, What It Means for Scotland

Summary: Police forces across the UK are increasingly seizing illegal e-scooters and high powered e-bikes. In Scotland, privately-owned e-scooters remain illegal on public roads, pavements, and cycle paths. Many callers contact Roadtrafficlaw.com after being stopped by Police Scotland because private e-scooters cannot be used, nor insured for use, on public highways, except for specific rental pilots in England.

Background, recent enforcement activity

Recent police operations in England have seen more than 20 illegal e-bikes and e-scooters seized in single day actions. Officers reported incidents of riders failing to stop, modified e-bikes travelling at speeds normally associated with motorbikes, and scooters being confiscated from teenagers and other riders. Similar enforcement and seizures are regularly carried out by Police Scotland.

Why private e-scooters are illegal, and the insurance problem

Private e-scooters are illegal to use on public roads, pavements, and cycle paths in Scotland. The only e-scooters permitted on public highways in the UK are government-approved rental vehicles operating within specific trial areas in England, and those pilots do not extend to Scotland. Because private e-scooters cannot lawfully be used on public roads, it is not possible to obtain a valid motor insurance policy for them for road use. That means, if you ride a private e-scooter on public land in Scotland and are stopped by police, you are likely to face an insurance related charge.

Common offences and potential penalties

People stopped while riding illegal e-scooters or modified e-bikes can face a range of road traffic offences. The most common include:

Driving without insurance, because private e-scooters cannot be insured for use on the public highway
Driving otherwise than in accordance with a licence, if the vehicle is classed as a motor vehicle and the rider has no appropriate entitlement
Using a vehicle in a dangerous condition, for example where modifications increase power or speed beyond lawful limits
Failing to stop for police, which can escalate an offence if a rider attempts to flee

Penalties vary depending on the charge, and can include fines, penalty points, or court proceedings. In certain cases, vehicles are seized and destroyed if they are not roadworthy or are significantly modified.

Technical limits, legal standards for e-bikes

National legislation sets clear limits for an electrically-assisted pedal cycle that can be treated as a bicycle. The motor output is normally limited to 250 watts. The bike must not be capable of propelling itself above 15.5 mph, about 25 km/h. Vehicles exceeding those limits, or modified to produce higher speeds, may be classed as motor vehicles and require registration, licensing, and insurance.

What to do if Police Scotland stop you

If you are stopped by Police Scotland while riding an e-scooter or a modified e-bike, take the following steps:

Comply with lawful directions from officers, remain calm, and provide your details if requested
Do not admit guilt at the roadside, do not sign any statement without advice
Ask for the reason you are being stopped and whether your vehicle will be seized
Contact a specialist road traffic lawyer as soon as possible, especially if you are told you face a charge of driving without insurance

Important: Private e-scooters cannot be legally insured for use on public roads in Scotland, so the charge of driving without insurance is common. If you are charged, early legal advice improves the chance of a better outcome.

Frequently Asked Questions (FAQs)

Are e-scooters legal in Scotland?

Privately-owned e-scooters are illegal to use on public roads, pavements, and cycle paths in Scotland. Only government-approved rental schemes operating in limited trial areas in England are lawful on public highways, those trials do not apply in Scotland.

Can I insure a private e-scooter?

No, private e-scooters cannot be legally insured for road use in Scotland, because they are not lawful to use on public roads. As a result, riders stopped by police often face a charge of driving without insurance.

What happens if I am caught riding an illegal e-scooter?

You could be charged with driving without insurance, driving otherwise than in accordance with a licence, or other road traffic offences. Vehicles that are illegal or dangerously modified may also be seized and destroyed. Seek legal advice promptly.

Who can help if I am charged?

Contact a specialist road traffic defence solicitor. Roadtrafficlaw.com provides specialist advice and defence for motorists across Scotland.

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Court Procedure for Scottish Dangerous Driving Charges

noemail@noemail.org (Steven Farmer) — Mon, 8 Sep 2025 08:18:32 GMT

Contents: Dangerous Driving Court Procedure

Introduction
Initial Interaction With Police
What Next?
First Appearance
Intermediate Diet
Trial Diet
What Now?

Introduction

With the advent of a “case management system”, court procedure for Scottish Dangerous Driving Charges has changed recently. This is particularly the case where the accused intends to plead Not Guilty. This article seeks to clarify how cases can proceed from initial police involvement to the end of the case.

Initial Interaction With Police

Dangerous driving in Scotland is an arrestable offence. In theory, a driver can be arrested, kept overnight in police custody and brought to court the next day.
However a driver will usually be released and informed that the matter is being reported to the Procurator Fiscal.
The case can then proceed in one of two ways – on summary complaint or on petition. Summary complaint is where the case is heard in front of a single judge (a Sheriff). Petition is where the case is very serious and will be determined by a jury. Cases involving death will always be on petition. Cases involving serious injury may be on petition. The vast majority of cases will be on summary complaint.

Scottish Dangerous Driving Charges – What Next?

The court process for Scottish dangerous driving charges usually begins when the accused is served with case papers. These are sometimes sent in the post and sometimes hand-delivered by the police. The papers will contain a “complaint“, a “summary of evidence” and a “citation”

The complaint is the charge against you. The summary of evidence is, surprisingly enough, a summary of the evidence. This is sometimes very brief. Finally the citation informs you of the date for your pleading diet, which is the first time your case will call in court. There is no time limit if you are charged with Dangerous Driving in Scotland. It is not unusual for case papers to arrive almost a year after the initial incident.

Court Procedure for Scottish Dangerous Driving Charges – First Appearance

If you are charged with Dangerous Driving in Scotland, the first court appearance is the pleading diet.

Until recently, this was when an accused person would tender a plea of Guilty or Not Guilty. A plea of Guilty can still be entered at this stage but the situation has been more complex in situations where the accused intends to plead Not Guilty.

Guilty Plea

In theory you can tender a written plea of Guilty. However the court will not deal with the case in your absence. Instead your Guilty plea will be recorded and sentence on you will be deferred (i.e. delayed) for your personal appearance. You will receive a letter from the court ordaining (ordering) you to attend on a specified date and time.

We would urge you to contact a lawyer before tendering a plea of any kind. In our experience, many people plead Guilty to a charge of Dangerous Driving in Scotland without realising the extent of the charge against them or the potential seriousness of the consequences. This is particularly true where the basis of the charge is grossly excessive speed. Many people plead Guilty thinking they are pleading guilty to the (much less serious) charge of speeding. Although it may be possible to withdraw this Guilty plea, it is better not to have the situation arise in the first place:

Call: 0800 048 8696

Not Guilty Plea

Previously, pleas of Not Guilty to Scottish dangerous driving charges could be tendered by you or your solicitor in writing. This has now changed if the case is allocated to the case management system. This is most likely to happen in cases where there is CCTV or Dashcam but can happen in any case.

Intermediate Diet

The intermediate diet is a short procedural hearing. The accused person is ordinarily expect to attend court if the matter is calling in court.

The purpose of the intermediate diet is fourfold:

First it is to make sure that there is no change of plea or resolution of the case with a plea to an amended charge such as careless driving.
Second it is the time to intimate any “special defences“. If facing Scottish dangerous driving charges, most obvious special defences are the closely-linked defences of necessity and coercion.
Third, it is to ensure that disclosure of the evidence has been effected.
The final purpose of the intermediate diet is to make sure that both sides are ready for trial. If either side needs additional preparation time because, for example, disclosure was late or has a witness difficulty, then the purpose of the intermediate diet is to bring this to the attention of the court. In these circumstances either side is entitled to request an adjournment (delay) of the trial to a later date.

Nowadays, due to a process called the “pre-intermediate diet meeting” the intermediate diet is often dealt with administratively without the case physically calling in court.

Court Procedure for Scottish Dangerous Driving Charges – Trial Diet

The trial diet is the forum at which evidence is led.

Key Points:

The Crown must prove the case beyond reasonable doubt. There is no obligation upon the accused to lead evidence.
The Crown therefore always leads its witnesses first.
The Crown calls witnesses one at a time and asks questions about the incident. These witnesses are then cross-examined. The prosecution can clarify points raised in cross-examination.
Any other evidence relied upon by the Crown, such as CCTV, will also be played.

If the defence considers that the Crown has led insufficient evidence to prove the case then it is entitled to make a submission of “no case to answer“. In the context Scottish dangerous driving charges, this also means a lack of sufficient evidence in relation to careless driving. If this submission is successful then the accused is acquitted and the trial ends. Otherwise the defence has two choices:

The defence leads no evidence. If this is the case, the next stage is legal submissions. The argument made by the defence is that the Crown’s evidence is not of sufficient quality for the court to convict of dangerous driving. The question is one of quality rather than quantity.
The defence leads evidence. This will usually be the accused and/or any other witnesses such as passengers in the accused’s car or expert witnesses instructed by the defence.

The defence will then close its case. Both sides then make legal submissions. The defence is entitled to speak last. There are four possible verdicts (1) Guilty; (2) Not Guilty; (3) Not Proven and (4) Guilty of careless driving. If you are found Guilty of either dangerous driving or careless driving then the matter will proceed to sentence.

What Now?

Call: 0800 048 8696

Why Contact Us for Your Dangerous Driving Case?

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Charge of Dangerous Driving in Scotland – Understanding Police Procedure

noemail@noemail.org (Steven Farmer) — Fri, 22 Aug 2025 14:39:37 GMT

Charge of Dangerous Driving in Scotland: Understanding Police Procedure

The Basics

If you face a charge of dangerous driving in Scotland, police procedure is determined by how the police came to be involved and the nature of the allegation itself. The three main possibilties are:

If the police have witnessed the incident directly, the most likely outcome is you will be cautioned and charged before being informed a report will be sent to the Fiscal and released (“scenario one”)
Or the police have not witnessed the incident directly, they may attend the scene or your home address to caution and charge you with the offence (“scenario two”)
In certain circumstances, especially if there has been a significant accident, the police may wish to interview you under caution (scenario three”)

Because a charge of dangerous driving in Scotland is an arrestable offence, the police have considerable latitude in how they decide to deal with the matter.

Scenario 1

A typical example of this is an allegation involving high speed such as:

a driver overtakes a police car, at a speed which the police believe to be grossly excessive
the police follow and “pace” the driver to ascertain the speed
in all the circumstances, the police believe that a combination of the speed and the surrounding circumstances justifies a charge under section 2 of the Road Traffic Act 1988 (dangerous driving)
The police do have the power to (a) arrest you) and/or (b) interview you under caution. In the vast majority of cases, however, the police will simply caution and charge you, advise that you will be reported to the Procurator Fiscal and let you on your way

Scenario 2

A typical example of this could be:

Another driver witnesses your driving and takes issue with it
For example, they may feel that you did a dangerous overtake or were aggressively tailgating
That driver notes your number plate and reports you to the police
The police trace you via the number plate and come to your home to speak to you. This can sometimes be days, weeks or even months after the incident itself

In these circumstances, standard police procedure would be:

To require you to identify who was driving the vehicle. You are legally required to comply with this and to identify the driver
Once you have been identified as the driver, the police usually then caution and charge you with the offence. They will also advise you that you will be reported to the Procurator Fiscal. It is possible, but unusual, that the police issue you with a document called a “Notice of Intended Prosecution”

In certain circumstances, the police may state that they wish to interview you under caution in respect of the allegation. See our FAQ for more information.

Sources:

Scenario 3

As above but with the interview being the “rule” rather than the “exception”
This would be most common in cases of a serious crash resulting in significant injuries. You should seek legal advice before speaking to the police.

Call: 0800 048 8696

Charge of Dangerous Driving In Scotland – Notice of Intended Prosecution

Unless you have been verbally warned at the time of the incident, the correct procedure is for a Notice of Intended Proseuction to be served on you within 14 days. There are exceptions to this rule. Please see our dedicated page for further information:

Should I get a Notice of Intended Prosecution? Understanding the law in respect of dangerous driving

Charge of Dangerous Driving in Scotland – What Happens Next

If the police have charged you with dangerous driving, the next step will be for them to report the matter to the Procurator Fiscal.

The Fiscal considers the police report and decides what, if anything, you should be prosecuted for. The Fiscal normally follows the police recommendation. In some circumstances, however, the Fiscal may decide to prosecute you for the lesser offence of careless driving.

Should the Procurator Fiscal decide to proceed, they send you a citation to attend court. See our dedicated page on court procedure in a dangerous driving charge for further details:

Facing a dangerous driving prosecution? Understanding court procedure

FAQ

What should I say when cautioned and charged?

The police will ask if you understand the charge and you should confirm that you do. This does not mean you agree with it. The police will then ask you if you want to comment. We always advise not to make any comment.

If dangerous driving is so serious, why did the police just let me leave?

You are presumed innocent until proven Guilty. In the vast majority of cases, the police are reluctant to exercise their power of arrest.

The police have cautioned me at the roadside and want to interview me. Should I comply?

While the police have every right to interview, you have every right to refuse to answer their questions. We advise making “no comment” and also advising that you wish for a solicitor to be present. If the police detain you and take you to a police station for questioning, they are obliged to ask if you wish for a solicitor to be present.

The police have charged me at the time but did not give me a Notice of Intended Prosecution

In these circumstances, the charge (so long as it was a charge under section 2 of the Road Traffic Act 1988) negates the requirement for a Notice of Intended Prosecution

How long will it take for a citation to arrive?

It could be quite while. There is no prescribed time frame within which a prosecution for dangerous driving must be brought.

If you are facing a dangerous driving charge in Scotland, we are here to help. Contact us online or call on the number below:

Call: 0800 048 8696

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Scotland’s National Speed Management Review, Expert Legal Commentary

noemail@noemail.org (Andrew Martin) — Thu, 21 Aug 2025 10:14:11 GMT

What the National Speed Management Review Means for Scotland

The National Speed Management Review sets a clear policy direction that aligns with the Road Safety Framework to 2030 and Scotland’s Vision Zero objective, no road deaths or serious injuries by 2050. The proposals will influence daily driving, commercial transport operations, police enforcement and prosecutions in every region of Scotland.

Policy Options Under Consultation

Proposal 1, reduce the national limit for cars and motorcycles on single carriageways from 60 mph to 50 mph.
Proposal 2, raise HGV limits to 50 mph on single carriageways and potentially 60 mph on dual carriageways.
Proposal 3, apply broader changes across dual carriageways and motorways, greater scale, greater economic considerations.

Why Reform Is Being Advanced

Lower average speeds are consistently associated with fewer collisions and reduced injury severity.
Harmonising car and HGV limits can reduce overtaking pressure, cut risky manoeuvres, and smooth traffic flow.
Journey time impacts are typically small, usually measured in minutes on longer routes.

Regional and Local Impact:

Drivers in Glasgow, Edinburgh, Aberdeen, Dundee, and key corridors across the Central Belt will see the greatest day to day effect due to traffic density. Rural networks in the Highlands, Perth and Kinross, Argyll and Bute, and the Scottish Borders may gain safety benefits on single carriageways where speed differentials currently create risk. Busy trunk routes in Lanarkshire, Fife, Ayrshire, Stirling, West Lothian, and East Lothian will require clear signage, public communication, and consistent enforcement to secure compliance.

Rural and tourist routes, anticipate improved consistency where sharp changes in limit currently cause confusion for visitors.
Logistics and fleet operators, plan for policy aligned scheduling and driver briefings to manage compliance without unnecessary delay.

What Motorists Should Do Now?

Review our primary guide, Speeding in Scotland, for the current law and likely direction of travel.
Understand penalties, read our Speeding Penalties guide.
If you received a Notice of Intended Prosecution or a Section 172 request, see Notice of Intended Prosecution and Section 172, Failing to Identify the Driver.
For potential disqualification, consult our Totting Up Disqualification guidance.

Roadtrafficlaw.com’s Comment:

Scotland is considering a significant shake-up of its speed limits, a move that could redefine road safety across the country. The National Speed Management Review, launched by Transport Scotland, puts forward proposals that are both ambitious and, for some, controversial. The headline proposal is a reduction of the national speed limit on single carriageway roads from 60 mph to 50 mph. Evidence from the review suggests this single change could dramatically cut down on injury collisions. While some may worry about longer journey times, the government insists the impact will be minimal compared to the life-saving benefits.

Any change must be implemented with clear messaging, consistent enforcement, and measured evaluation. For motorists and commercial operators across Scotland, early understanding and proactive compliance will minimise risk and protect licences.

Need Expert Help Today

Do not risk your licence, livelihood, or insurance. If you face a speeding allegation anywhere in Scotland, contact our specialist road traffic defence team now.

Request a Consultation

Speeding, Scotland, Frequently Asked Questions

Will proposed changes apply on my local A and B roads?

Drug Driving Rehabilitation Courses Pilot in England, What It Could Mean for Scotland

noemail@noemail.org (Andrew Martin) — Tue, 19 Aug 2025 13:08:54 GMT

A new model for drug driving rehabilitation, what Scotland can learn from the Teesside pilot

TTC Group is trialling the United Kingdom’s first behaviour change course for drug drivers in Teesside. Scotland currently has no equivalent course for drug driving, although there are drink driving rehabilitation schemes. This article explains the pilot, the science behind lingering drug metabolites, and why education is essential.

TTC pilot overview
Scotland’s Current Position
Drug Metabolites versus Alcohol: why education is key
Potential implications for Scotland
How our defence team can help your case
FAQs about drug driving in Scotland
Contact Us for Advice

TTC pilot overview

TTC Group is piloting a dedicated drug driving rehabilitation course in Middlesbrough and Redcar and Cleveland. The programme focuses on behaviour change and harm reduction. It typically involves two four hour sessions, delivered online or in person, and is designed to reduce reoffending, improve insight, and connect attendees with support services.

Scotland’s Current Position

In Scotland, courts can offer drink driving rehabilitation courses in many cases. There is no equivalent statutory reduction mechanism for drug driving at present. A conviction for drug driving under Section 5A of the Road Traffic Act 1988 carries a mandatory disqualification of at least 12 months, along with the risk of a fine and imprisonment in more serious cases.

Comparison at a glance:

Drink Driving in Scotland: Rehabilitation courses are available in eligible cases and can lead to a 25% reduction in disqualification.
Drug Driving in Scotland: No equivalent course is available and no reduction in disqualification applies.
TTC Pilot in Teesside: A trial educational course has been introduced, aiming to raise awareness, encourage behaviour change, and signpost support, though it has no impact on sentencing in Scotland.

For more on the offence of drug driving in Scotland, see our guide, Drug Driving in Scotland, Section 5A.

Drug Metabolites versus Alcohol: the importance of a drug driving rehabilitation course

Alcohol is eliminated relatively quickly, usually within hours, depending on body weight, sex, food intake, and other factors. Many drugs produce metabolites that can linger in the body significantly longer. This is a crucial difference that many drivers do not understand.

Lingering detection, certain drug metabolites can be detected for days or weeks, especially with regular use.
Impairment versus detection, a person may feel unimpaired, yet still be over the legal limit due to residual metabolites or active compounds at low concentrations.

This gap in understanding shows why education is essential. An effective course should explain detection windows, variability between substances, and practical strategies to avoid risk, for example planning alternative transport and allowing adequate time before driving.

Potential implications for a future Scottish drug driving rehabilitation course

If the pilot shows positive outcomes, it could inform policy discussions across the entire United Kingdom. For Scotland, an evidence backed programme could support future reform that blends accountability with education. Even without legislative change today, early engagement with rehabilitation principles can help to reduce reoffending and improve road safety.

Our view, education supports justice. Clear guidance on metabolites, detection, and decision making reduces accidental offending and supports safer roads in Glasgow, Edinburgh, Aberdeen, Dundee, and across Scotland.

How our defence team can help your case

Early advice, we provide urgent guidance if you have been accused of drug driving anywhere in Scotland.
Technical review, we review specimen collection, chain of custody, and analytical processes.
Mitigation, we build case specific mitigation grounded in behaviour change, support needs, and personal circumstances.
Local representation, experienced solicitors appear in courts across Scotland.

Read our detailed overview, Drug Driving in Scotland, Section 5A.

FAQs about drug driving in Scotland

Is there a drug driving rehabilitation course in Scotland?

No, Scotland does not currently offer a statutory drug driving rehabilitation course that reduces disqualification. Drink driving schemes exist in certain cases.

How long can drug metabolites be detected compared with alcohol?

Alcohol is often cleared within hours. Many drug metabolites linger far longer, sometimes for days or weeks, which increases the risk of unintentionally being over the limit.

Could the TTC pilot influence Scottish law?

If the pilot is successful, it may inform policy discussions in the future. Any change would require legislative or policy steps before it could affect sentencing in Scotland.

What should I do if I am accused of drug driving?

Seek legal advice immediately. Time sensitive steps can protect your position, including a technical review of procedure and analysis.

In all cases, whether you intend to plead Guilty or Not Guilty, it is absolutely essential that your solicitor is capable and experienced. Detailed knowledge of the relevant case law and sentencing guidelines is absolutely essential. If you are facing prosecution for this very serious offence, get in touch now:

Call: 0800 048 8696

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New Road Safety Strategy: Scotland’s Tougher Driving Laws Set to Inspire UK-Wide Road Safety Shake-Up

noemail@noemail.org (Andrew Martin) — Mon, 11 Aug 2025 12:48:26 GMT

Road Safety Strategy

Scotland’s Tougher Driving Laws Set to Inspire UK-Wide Road Safety Shake-Up

A radical shake-up of driving laws proposed for England and Wales will see the introduction of new Road Safety Strategy measures that have been standard practice in Scotland for years, alongside new rules that will affect Scottish drivers directly.

Under a new road safety strategy, the UK government plans to lower the drink-driving limit to match Scotland’s tougher stance and is considering compulsory eye tests for drivers over 70—a move that would impact seniors across Great Britain, as driver licensing remains a UK-wide responsibility.

Scotland’s Influence on UK Drink-Driving Laws

A key proposal in the new strategy is to bring the drink-drive limit in England and Wales down from 35 micrograms of alcohol per 100 millilitres of breath to 22 micrograms. This would align the rest of the UK with the stricter limit Scotland adopted back in December 2014.

The change in Scotland followed an independent review of road safety laws. While a study by the Institute of Alcohol Studies noted the reform didn’t lead to a measurable drop in accidents, it did find that it significantly strengthened public sentiment against drink-driving.

“This Labour government will deliver the first Road Safety Strategy in a decade, imposing tougher penalties on those breaking the law, protecting road users and restoring order to our roads,” a government source told the BBC, signalling a move towards policies already tested in Scotland.

The Debate Over Compulsory Eye Tests: A Scottish View

Perhaps the most significant new proposal is making eye tests compulsory for drivers over 70 when they renew their licence every three years. As the DVLA is a UK-wide body, this change would directly affect senior drivers in Scotland.

The move comes after a coroner labelled the current system of self-reporting visual conditions “ineffective, unsafe and unfit.”

Supporting the need for checks, Kay Hine, 75, a former optician from Perthshire, stated that all drivers, regardless of age, should be responsible for ensuring their eyesight meets the required standard for driving.

However, concerns have been raised about implementation. Edmund King, president of the AA, acknowledged that while older drivers (typically over 80) are a higher-risk group, the biggest danger on the roads remains young, inexperienced drivers. He noted that a compulsory eye test was “a small price to pay” for safety, but the focus should be balanced.

What Do These Changes Mean for Scottish Drivers?

While some road safety matters are devolved to the Scottish Parliament, driver licensing is handled by the DVLA in Swansea. This means any changes to licensing requirements, such as mandatory eye tests, should apply in Scotland.

The key proposed changes under consultation include:

Compulsory eye tests for drivers over 70 at licence renewal.
Lowering the drink-drive limit in England and Wales to match Scotland.
Allowing police to use roadside saliva tests as evidence for drug-driving.
Potential introduction of penalty points for not wearing a seatbelt.

Justice Minister Alex Davies-Jones has stressed that these proposals are part of a consultation.

For Scotland, these proposals are a mixed bag. They represent an acknowledgement of the nation’s proactive stance on drink-driving, while also introducing new UK-wide mandates that will soon become a topic of discussion for every Scottish driver over 70.

We will comment further once the new Road Safety Strategy has been published.

Also see:

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Average Speed Cameras on A82

noemail@noemail.org (Andrew Martin) — Wed, 30 Jul 2025 14:26:14 GMT

Average Speed Cameras on A82: What Scottish Drivers Must Know

New average speed cameras on the A82 between Tyndrum and Crianlarich have now been installed, targeting what is widely recognised as one of Scotland’s most dangerous

stretches of road. These temporary cameras form part of a long-term effort to cut down on serious and fatal collisions along this key trunk route. At Roadtrafficlaw.com, we regularly defend drivers facing Speeding Charges in Scotland, especially on this speed enforcement zones. If you’ve received a Notice of Intended Prosecution after driving on the A82, it’s vital that you understand both your rights and the legal options available to you.

Why Have Average Speed Cameras Been Installed on the A82?
The A82 plays a crucial role in connecting the central belt of Scotland with the Highlands. However, one particular 2.9-mile stretch between Tyndrum and Crianlarich has gained a reputation for high levels of speed-related accidents. To combat this, Transport Scotland implemented the cameras to consistently enforce the 40 mph speed limit and encourage better driving behaviour. This decision follows a period of temporary enforcement, during which authorities continued to observe excessive speeding and risky driving habits.
How Do Average Speed Cameras on the A82 Work?
Unlike traditional speed traps, average speed cameras track your vehicle using Automatic Number Plate Recognition (ANPR) technology. They calculate your average speed between two fixed points. If your average speed exceeds the limit, a speeding offence is automatically recorded. Because this system monitors your entire journey through the zone, it eliminates the possibility of slowing down only at camera locations. In short, you must maintain a legal speed throughout. For drivers on the A82, this means paying close attention to posted limits from start to finish.
Consequences of a Speeding Conviction in Scotland?

3 to 6 penalty points, or a ban

Fines up to £1,000 (or £2,500 on motorways)

Higher insurance premiums

Possible driving disqualification

Although many drivers assume there’s no defence once they’ve been caught, this is not always the case. In fact, with professional legal support, you may be able to avoid penalty points or even prevent a driving ban.

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Legal Advice for Speeding on the A82

If the average speed cameras on the A82 have captured your vehicle exceeding the limit, you could be facing fines, points, or worse. However, you’re not without options. At Roadtrafficlaw.com, we offer expert legal representation for drivers across Scotland. Our solicitors regularly defend motorists in sheriff courts and focus exclusively on Scottish Road Traffic Law. We frequently challenge charges based on:

Procedural or legal errors
Faulty camera calibration
Inadequate or missing signage

If you’ve received a speeding ticket or a notice of prosecution, take these steps immediately:

Don’t rush to pay or admit guilt.
Keep all documents and letters safe.
Contact Roadtrafficlaw.com for a free initial consultation.

Every case is different. That’s why we take the time to analyse the facts and provide tailored advice.

You ca visit our page on depending Speeding Charges in Scotland to learn more.

We’ll review your case, explain your options clearly, and help you decide the best path forward. With decades of experience in Scottish speeding law, we know how to protect your licence and challenge unfair prosecutions.

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Speak to Us Today:

📞 Call: 0800 048 8696 📧 Email: sf@roadtrafficlaw.com

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