From December the NSW Government is going to be the first in the world to utilise mobile phone detection cameras, anywhere, anytime with no warning. This program is expected to expand to perform some 135 million vehicle checks by 2023.
What does the law say about using your mobile phone? Should I plead not guilty?
The official offence of use mobile phones is found in the NSW Road Rules, Rule 300.
In short, the Police must prove two things:
- The driver of a motor vehicle was using a mobile phone
- The vehicle was moving OR was stationary but not parked
Can I use my mobile phone?
You can use your mobile phone only in certain circumstances that being:
The mobile phone was receiving a call or use the audio function if:
- The mobile phone is secured in a fixed mount; or
- The mobile phone does not require you to touch or manipulate the phone in any way.
This means you cannot use your phone for anything else including, but not limited to:
- Texting or audio texting
- Emailing
- Using social media
- Taking photos
- Video messaging
- Holding your phone in any way – you can only pass it to a passenger. It is critical to remember on this point that if the passenger shows you the mobile phone that can also be considered an offence of watching a visual display unit while driving.
If you believe you are not guilty (did not commit the offence) or the offence has been issued incorrectly, Catron Simmons Lawyers can represent you and contest the matter.
L and P Platers and Mobile Phones
As a learner or provisional driver, you cannot use your mobile phone in anyway.
If you believe you are not guilty (did not commit the offence) or the offence has been issued incorrectly, Catron Simmons Lawyers can represent you and contest the matter.
Plea of Guilty or Conviction of the Offence
You should always obtain legal advice before admitting to any offence, however, if you agree with what the Police are alleging and do not have a defense you should consider pleading guilty.
Plea of Guilty or acceptance of liability – Paying the fine
This is a fairly simple process and involves you following the instructions on your infringement notice or fine.
The current penalty is $337.00 and incurs five demerit points. It is critical to understand that by paying the fine you are accepting liability for the offence and the offence itself will appear on your traffic record.
Plea of Guilty – Court Election
An infringement notice can be appealed to the court even with the intention of pleading guilty at the first available opportunity. However, court election is not without risk. The only way to avoid the demerit points is for the court to impose a non conviction bond or sentence.
If you are convicted, the court has no ability to change the amount or imposition of demerit points. The court also has the ability to fine you up to $2,200.
In order to obtain the best chance of a fair outcome you should contact Catron Simmons Lawyers to represent you.
My licence will be/has been suspended, What can I do?
You need to lodge an application to the Local Court, this application must be within 28 days so it is important to get legal advice early.
The test for this appeal is quite high. The applicant must show that there are “exceptional circumstances” as to why you need a licence. Therefore, reasoning such as transport to/from work, school and/or even having your licence as part of your job are not considered exceptional or extraordinary.
Catron Simmons Lawyers, can assist you in preparing, the application to give you the best chance of returning to driving as soon as possible.
Television receivers and visual display units in vehicles
The Police must prove two things:
- The driver of a motor vehicle
- The vehicle was moving OR was stationary but not parked
- Any part of the image on the screen is
- Visible to the driver from the normal driving position or;
- Is likely to distract another driver
There are a number of exceptions however they are restricted to driving aids and those that drive passenger vehicles.