In NSW, using a handheld mobile phone while driving is illegal, including when stopped at traffic lights. A driver must be fully parked with the engine off before using a phone for any reason.
While the offence may seem minor, it can still incur demerit points and possibly lead to a licence suspension, significantly affecting a person’s ability to work or manage their everyday life.
Penalties
Rules regarding the use of mobile phones are set out in Regulation 300 of the Road Rules 2014. The fine for illegal mobile phone use is $423. Additionally, you will also lose 5 demerit points.
Beating a penalty notice for using a mobile phone while driving
There are many options for challenging a penalty notice. You may:
- Request that Revenue NSW review the charge.
- Plead not guilty and take the matter to court. You may either defend the allegations or seek a non-conviction order. Read more about non-conviction orders here.
If you are a P-plater and your licence is disqualified due to the loss of demerit points, you can appeal. Licence suspension appeals are appeals to the Roads and Maritime Service for a suspension of a driver’s licence to be waived or reduced. Read more here.
If you are on your full licence, there is an alternative option you could explore. In NSW, full licence holders who exceed their 13-point limit can avoid suspension by obtaining a 12-month good behaviour period.
During this period, you must not lose 2 or more demerit points. If you do, your license will be suspended for double the original suspension period.
Pleading not guilty
If you think you’ve been incorrectly accused of using a mobile phone while driving, you’re entitled to plead not guilty and contest the charge in court. For a conviction to be recorded, the prosecution must prove each element of the offence beyond a reasonable doubt, including:
- You were the driver,
- You were using a device,
- The device in question had a digital screen.
Pleading guilty
Pleading guilty and seeking leniency is a practical approach, particularly when losing demerit points puts your license at risk of suspension. The focus would be on securing a non-conviction order. This means you avoid both the fine and the demerit points. You can work towards this outcome by presenting a carefully prepared case that emphasises your good character, your reliance on a licence, and other compelling factors that support a finding of leniency. Add any extenuating circumstances that made you use your phone while driving.
Potential legal defences
Although using a mobile phone is a strict liability traffic offence, there are still several legal defences that may be available depending on the circumstances of your case.
A typical defence used for mobile phone while driving offences is that the phone wasn’t actually being used. It is standard for items to be misunderstood as a mobile phone. This may happen with objects such as a small handbag, a packet of cigarettes, or a vape.
Some alternative defences include:
- Using your phone to pay for goods or services in a drive-through or car park. Your vehicle must be stationary.
- Duress or necessity.
- Honest and reasonable mistake of fact.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for mobile phone use while driving offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and a clean criminal record, and between losing your licence and keeping it.
To discuss your drink driving charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.