VIC Traffic Infringement Notice for Using Mobile Phone?

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Phu Chau

Member
28 May 2017
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0
1
My car was stopping at intersection while red traffic light is on. I pulled my mobile phone out from the small box (this box is in front of the gear box) but I held the phone to look at the time, then released it when red traffic light is still on.

The green traffic light turned on and I was driving over the intersection when the police pulled me over. He said: you used mobile phone but I told him I just looked at the time while red traffic light was on. He book me a 466 dollars traffic infringement notice and took 4 points demerit.

Can I contest under Traffic Law ?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi Phu Chau,
Short answer, yes you committed an offence. You can not touch a mobile device while in control of a motor vehicle, even if you are stopped at lights, even if you were just looking at the time.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
My car was stopping at intersection while red traffic light is on , I pulled my mobile phone out from the small box ( this box is in front of the Geer box ) but I don't hold phone on to look time then releasing when red traffic light is still on . The green traffic light is on , I was driving over intersection , the police pulled over me car . He told : you use mobile phone but I told him I just look time while red traffic light is on . He book me a ticket 466 dollars and determine 4 point . Do I offence use mobile law ?

Using any function of a mobile phone is against the law ie internet or clock so what you did is covered.
 

imanlore

Well-Known Member
24 June 2017
18
0
121
My car was stopping at intersection while red traffic light is on. I pulled my mobile phone out from the small box (this box is in front of the gear box) but I held the phone to look at the time, then released it when red traffic light is still on.

The green traffic light turned on and I was driving over the intersection when the police pulled me over. He said: you used mobile phone but I told him I just looked at the time while red traffic light was on. He book me a 466 dollars traffic infringement notice and took 4 points demerit.

Can I contest under Traffic Law ?
Phu Chau

First thing you do is don't get a lawyer; he will throw you under the bus straight off the bat. You didn't do anything wrong.

Second, make a claim not a complaint.

Third, never open your mouth at court. Write it down in your claim.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Phu Chau
first thing you do is dont get a lawyer ,he will throw you under the bus
straight off the bat
you didnt do anything wrong
second, make a claim not a complaint ,
third, never open your mouth at court
write it down in your claim
Fourth be careful of the comments some people put up because you can't use a phone while in operation of your car.
 

imanlore

Well-Known Member
24 June 2017
18
0
121
Fourth be careful of the comments some people put up because you cant use a phone while in operation of your car.
I believe I can do as I wish in my property because it's in the private. Statutes and codes are not law. You can tell.

First give away is the spelling
 

imanlore

Well-Known Member
24 June 2017
18
0
121
Holding the phone is sufficient to be guilty.
I don’t see any defence.
I know, you're right, you can't use a phone while in operation of your car. I don't understand legalities. All I believe is a man can hold their property [phone] on their property [car] when going from A to B.
There is no lore or law saying this.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
i know ,your right , you cant use a phone while in operation of your car.
i dont understand legalese
all i believe is i [a] man can hold my property [phone] in my property [car] when going from A to B
there is no lore or law saying this

Save your money in lawyers.