ACT Mobile phone on passenger seat

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ChrisL

Member
31 July 2019
1
0
1
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What is the likelyhood of the infringement being withdrawn and what is the risk if challenged in court and lost?
 

Adam1user

Well-Known Member
5 January 2018
532
30
2,219
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What is the likelyhood of the infringement being withdrawn and what is the risk if challenged in court and lost?
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.