WA Taking a photo for evidence whilst driving

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

John2407

Member
1 March 2018
2
0
1
Hi all
i have a scenario that i find interesting and would love an opinion.
A person driving a vehicle takes a photo on their mobile phone of a person who they think is commiting an offence. Can the defendent who has witnessed the plaintiff take the photo use the legal system to prosecute them for using a mobile whilst driving and can the plaintiffs photo ever be used as evidence???
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
(A) No. Infringements of traffic regulations can't be prosecuted by private citizens.
(B) Yes, but in submitting it they may be confessing to using a mobile phone while driving.
 
  • Like
Reactions: John2407

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
To overcome this issue, it is good to have a dashcam. This will accepted unlike using your mobile phone,
As for reporting an infringement, as Rob stated the one time is when there is an accident as a result (or damage) and the person taking the video will need to attend court.
I have a dashcam and I reported a taxi driver who went from far right of the road to the far left (3 lanes) and it was a miss accident, but I managed to move away, I went to the police to report it, (had the video and the licence plate), but the police informed as long as there is no accident they can not do anything.
 
  • Like
Reactions: John2407

John2407

Member
1 March 2018
2
0
1
Thankyou Adam and Rob.
I have never really thoughy about the intricacies of law and how every action has a reaction. All very interesting. I have also recently heard of the courts trying to get family disputes to be worked out amongst themselves as it improves chances of resolution without resenent etc.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
If you see a major crime being committed while driving, you should present yourself as a witness and then make a point of telling then you had an opportunity to take a picture with your phone safely but did not because the law is too ignorant to permit such action.
 
  • Like
Reactions: John2407