Rod, first time online. I have a strange question for you, because I'm both guilty and innocent. Got stopped for breath test, waiting in line my son called, had NO idea laws had change in Nov last year that makes it an offence to hold a phone even if it is turned off, which mine was. Thought it was fine to take call as long as I ended it before moving. Was booked, but didn't know I'd been booked until I got notice some weeks later because at the time neither officer told me that i was actually being charged, and I did not see any paper work, did not sign anything, was told nothing, actually thought that I had just been more or less chastised and then allowed to go.
What I appear to have been booked for (not sure because it has not been made clear) was holding my phone when I moved forward in the line to take the test. I didn't know that you could no longer even hold a switched off phone. When I got the notice some weeks later it said 'using mobile phone while driving' which in my mind I had not done but with the new laws it in fact is correct. However, because I did not know about the new laws and neither officer explained them to me on the day, I believed that the infringement notice was incorrect and that I should and could contest it. So I wrote to the Officer In Charge on the back of the notice, explaining what took place, even stating that I had the phone in my hand at the time but that it was not turned on (but of course at this time I still did not know this was illegal). I told them that I was not on an active call and that I had not broken any law and therefore would not pay. They...like the officers at the time...did not bother to explain, they simply sent me another notice telling me that I was going to court because I had refused to pay the infringement charge. In that notice they also told me (in Bold Print) that I could not contact anyone from this time on about this matter, unless it was the Officer involved.
So, wanting to know my position and what to do in court, I wrote to him, more or less spelling out my case to the person who will be in court doing all he can to ensure I am found guilty. I couldn't understand why I had to do this, it seemed to be very unfair but I did as the notice told me to do. So I am now going to end up in court, charged with rolling my car 8 feet with a switched off phone in my hand. But the only reason I did this was that I did not know it was illegal, it had not been well advertised, nobody I know knew about these laws when I later asked them. And I only held the phone as I moved because it was my turn to take the test and I did not want to hold the officers up, so I wanted to get to the line as quickly as possible, I just held my phone as I selected gear and moved forward. I had no idea I had broken any law, and when I pulled away I was still unaware that I had been booked, because nobody told me or showed me anything.
I know that under the new laws I am guilty, but I didn't know about the law of holding a switched off phone, and i was moving at 2 kmh a distance of 8 feet. I would have thought that discretion could have been used when they could clearly see that I did not know about the new laws and that I was not really 'driving' I was simply taking my place to assist them in doing their job. Why did neither officer explain, why did the Officer in Charge that I wrote to not explain, it seems that the law is in place to more or less run you into a dead end that ends in court.
I have said that I will not pay, and that I will do a jail term instead. Because I honestly believe that it was unfair and unjust. I know I will lose, and I will end up in jail, but I could do with any help you can give me for my day in court. I hope that the Judge might be able to show discretion and see just how stupid this was, to roll 8 feet, with a phone in my hand, switched off, and doing that only because I was trying to ensure I did not hold the officers up and wanted to get to the line for the test. And this happened with my honest belief that I was not doing anything illegal.
Anything you can tell me that might help in court, as I said, I know I will be found guilty, and because the notice directed me to contact the very person who will be against me in that court, he and his legal team now know what it is I will be saying to the Judge. It appears I am...screwed...but a little help would be great.
Thanks mate.
