Cop fined me for keeping mobile map on the dash

Discussion in 'Traffic Law Forum' started by Ad Kc, 13 May 2019.

  1. Ad Kc

    Ad Kc Member

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    Hi

    Need some suggestions.

    My mobile mount was broken. So I kept my mobile next to oddometer for map purpose only. I had not touched the mobile whatsoever. I was coming back from our 2 days family holiday, which is why I couldn't buy a mount on my trip.

    When cop saw it, he gave me a ticket, mentioning, "I was using mobile". Since it was double demerit time, my license will be suspended.

    Now, I am taking this matter to court. Anything I should be prepared beforehand and how likely this could go in favour of me?

    What is the real law behind this?

    Please suggest.

    Thanks
    Ad
     
  2. Adam1user

    Adam1user Well-Known Member

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    The mobile phone usage is considered a big No-No same with speeding and red light infringements. Unless you have strong proof to support your case, I don't think you have a chance, the magistrate will not accommodate your reasoning, even if you were on holidays, mobile mounts can be purchased anywhere, so I don't think the Magistrate will be convinced with this reason. I have a strong feeling you will not be let off, but if you do rely on your driving for work and you have a good clean driving record, you may be able to have the charge lessened but not getting off, there is a chance nothing will happen and you will pay for court fees as well. I am not a lawyer but this is my opinion based on my knowledge, better ask a lawyer for a better advice.
     
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  3. Scruff

    Scruff Well-Known Member

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    Depending on your driving record and what state you're in, you might be able to keep your licence anyway.

    If you're in NSW, read this: Apply for a good behaviour period
    If not, check if your state has something similar.
     
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  4. Tim W

    Tim W Lawyer
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    What exactly was the offence on the TIN?

    Let me see if I understand you correctly...
    You were pulled over for something else (was it speeding, or just, say, a breath test?),
    and then the constable noticed that you had your instruments obscured by a mobile phone?

    You have the option to court-elect the infringement.
    You may get lucky. That's if you're prepared to risk a conviction, a fine, and court costs.

    But, going only by what you have told us here (missing facts missing and unstated
    ifs, buts, maybes and unlesses not allowed for),
    I don't see where you have anywhere much to go with this.
     
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