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

    26 June 2017
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    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.

  2. Adam1user

    Adam1user Well-Known Member

    5 January 2018
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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

    25 July 2018
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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
    LawTap Verified

    28 April 2014
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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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