ACT Mobile phone on passenger seat

Discussion in 'Traffic Law Forum' started by ChrisL, 31 July 2019.

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  1. ChrisL

    ChrisL Member

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    Was pulled over and received an infringement for "drive (sic) using mobile phone" in Canberra.

    Police initiated as they believed they saw my head down while stopped at the lights and suspected I was using the mobile phone.

    in actuality, I was adjusting the volume of the stereo from the centre console (European 4wd, the knob is on the passenger side at arms length from the driver) and my phone was on the passenger seat along with my wallet etc.

    What is the likelyhood of the infringement being withdrawn and what is the risk if challenged in court and lost?
     
  2. sammy01

    sammy01 Well-Known Member

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    I reckon that you'll lose and be ordered to pay court costs.
     
  3. Adam1user

    Adam1user Well-Known Member

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    Same here, you will lose and pay court fees too, unless you have a dash cam which records you doing what you said doing, other than that your word by itself will not be enough to over turn this infringement. Mobile phone usage is a big No-No same as speeding and red lights infringements, the magistrate will not be easy on it.
     
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