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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  5. tracey2018

    tracey2018 Active Member

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    good luck with that.. I got done for listening to a podcast and my phone was in the cradle.
     
  6. SamanthaJay

    SamanthaJay Well-Known Member

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    wow! I understand if you are fiddling with the phone to put the podcast on when stopped at the lights or similar. But what if you started the podcast whilst still parked at home? I reluctantly drive a lot and podcasts keep me motivated on the road. I don't understand how they can differentiate between a podcast and the radio. I assume it's legal to listen to the radio?
     
  7. Adam1user

    Adam1user Well-Known Member

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    As long as you don't touch your mobile device while driving (stopping at traffic lights is considered driving - state of moving), therefore you will be fined, but as long as you set things up before you start your journey, there is nothing wrong legally or you need to park somewhere legal and do what you want to do with the mobile device during your journey (The vehicle should not be in a state of moving).
     
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