NSW Got a Fine from Police - Get a Lawyer?

Discussion in 'Traffic Law Forum' started by Gaufdir, 28 February 2017.

  1. Gaufdir

    Gaufdir Member

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    Hi everyone.

    Just a question.

    I was pulled over by a bike cop in Sydney today. He stated he saw me on my phone, I said "no I wasn't."

    He said "you had it in your left hand pressing buttons". He asked if I had hands free, I did have Bluetooth AirPods in my ears, and the Navman gps was in it's cradle. He then took my drivers licence and breath tested me and said I'll get a fine in the mail.

    I have a sunglasses case that I got sunnies from that is big enough to fit an iPhone 6 in, and a mother drink can which I was drinking. It could have been either of those.

    He said I'd get a fine in the mail. I said "I'm going to dispute it"; he said "see you in court".

    Am I best to get a lawyer? Do I pay more of a fine if I go to court without one and lose?

    My previous fine was for disobey turn signal. I copped it sweet cause I was in the wrong, but this time I feel wronged.
     
  2. Tim W

    Tim W Lawyer
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    Should you get a lawyer? Yes.
    What you ask them to do depends on whether or not you are in fact guilty (no, don't tell us).

    I find a lot of people say "I can pay the fine, it's the loss of points that's a problem."
    If losing your licence on points is in play, then a lawyer who knows their way around Traffic Law
    would be a good idea.

    A person can commit an offence of this type even if they are not making a phone call.
    For example, changing music, using an app, looking at a map, sending a text or other message,
    can all found the infringement. See Road Rule 300.

    My suggestion is this - if you are in fact guilty, then pay the fine, make it all be over,
    and go get on with your life.

    If you are considering defending it, then you'll need more than "it could have been my sunglasses case".
    Highway Patrol police are taught specifically to observe drivers and inside vehicles, and the courts know this.
    Which suggests to me that so your chances of displacing the allegation are minimal.

    And yes, if found guilty, you can be convicted, and fined, and have to pay court costs.

    One other thing - Give up the Mother. That stuff is really bad for you.
     
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  3. Gaufdir

    Gaufdir Member

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    I was driving a truck. Points are the bigger issue for me.

    Thanks, I'll contact someone.
     
  4. Rob Legat - SBPL

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    I would question how a bike cop could see what you were doing with your left hand while you were driving a truck...
     
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  5. Tim W

    Tim W Lawyer
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    So would I, except for a client I once had
    who was found guilty of "Use Handset While Driving" even though the constable was in a side street,
    and observed the offender's car, from the left side, for perhaps two or three seconds,
    at a distance, and with the morning sun reflecting on the glass....
     
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  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Sounds like this cop just wanted something to fill up his book and get his quota. I agree with the above poster; how could he see into the truck? If you weren't using the phone, get legal advice the moment the ticket arrives and let us know how you get on.

    Sadly, this type of stuff from cops is not rare.
     
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