Use of Mobile Phone While Driving
Traffic Lawyers Sydney
- Challenge Mobile Phone Detection Camera Fines
- Avoid Demerit Point Licence Suspension
- Secure a Section 10 to Avoid Fines & Points
- Expert Defence for All Licence Types
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Expert Defence for Mobile Phone Driving Offences
Being fined for a mobile phone traffic offence in NSW can put your licence at serious risk. With mobile phone detection cameras now common across Sydney, many drivers face significant fines and the loss of five demerit points for a single infringement.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers are dedicated to achieving the best possible outcome, whether that’s having the infringement withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all matters related to this offence, including:
- Avoiding Penalties & Demerit Points for Mobile Phone Use
- Defending Mobile Phone Detection Camera Offences
- Challenging a Mobile Phone Infringement
- Avoiding a Licence Suspension
- Avoiding a Conviction
- Support for Learner & Provisional (P1 & P2) Drivers
What Constitutes Using a Mobile Phone While Driving?
In NSW, the offence of using a mobile phone while driving is defined broadly under Regulation 300 of the Road Rules 2014 (NSW). The law is designed to combat driver distraction, and what constitutes “use” goes far beyond just making a call. It is a strict traffic offence, and the rules differ significantly depending on your licence type.
For learner and provisional drivers (P1 and P2), the rules are absolute: you must not use a mobile phone for any reason while driving. This ban includes using Bluetooth, hands-free functions, or for navigation, even when your vehicle is stationary but not parked at traffic lights. For unrestricted licence holders, you can only use a mobile phone to make or receive a call or use an audio playing function if the phone is either secured in a cradle or can be operated by voice activation without touching any part of the body of the phone. Any other physical interaction, including resting it on your lap, is an offence.
The complexity of these rules and the use of mobile phone detection cameras mean many drivers face a penalty without fully understanding the specifics of the charge. A significant fine and the loss of demerit points can have serious consequences for your licence.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our traffic lawyers provide expert legal advice to challenge an infringement and protect your driving record. We analyse the evidence against you and build a strategic defence to secure the best possible outcome for your case in Sydney.
Penalties for Using a Mobile Phone While Driving in NSW
A conviction for this offence can impact your employment and driving record. Our expert traffic lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your licence.
The following penalties apply whether you are detected by a police officer or a mobile phone detection camera.
| Infringement Type | On-the-Spot Fine | Demerit Points |
|---|---|---|
| Standard Offence | $387 | 5 |
| Offence in a School Zone | $481 | 5 |
| During Double Demerits | Fine as above | 10 |
If you elect to take the matter to court, the maximum penalty a magistrate can impose is a fine of $2,200.
It Is Possible To Avoid a Conviction, Fine & Licence Disqualification
An expert traffic lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a dismissal under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your licence, your demerit points, and your record.
Challenging a Mobile Phone Detection Camera Fine
Mobile phone detection cameras in NSW use sophisticated AI and high-resolution imaging to identify drivers using their phones. While this technology is advanced, it is not infallible.
An image flagged by the system is still reviewed by a person to determine if a traffic offence has occurred, and errors can be made. You may have been holding a different object, or an exception to the rule may apply.
If you have received an infringement notice from a mobile phone detection camera, you don’t have to simply accept the fine and demerit points.
We can help you request a review or elect to take the matter to court. Our traffic lawyers will meticulously examine the evidence, including the photographic proof, and advise you on the best path forward to challenge the infringement and protect your licence.
Pleading ‘Not Guilty’ to a Mobile Phone Offence
If you believe you have been wrongly accused of using a mobile phone while driving, you have the right to plead not guilty and have the matter heard in court. To secure a conviction, the prosecution must prove every element of the offence beyond a reasonable doubt. This includes proving that you were the driver, that you were in fact ‘using’ a device, and that the object was a mobile phone.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we build a robust defence by scrutinising the prosecution’s evidence. We can challenge whether the object was correctly identified or if your actions legally constituted ‘use’ under the NSW Road Rules 2014. We may also be able to raise a legal defence on your behalf. A carefully prepared not guilty plea can result in the charge being dismissed, leaving you with no fine, no loss of demerit points, and a clean record.
Pleading ‘Guilty’ to a Mobile Phone Offence
In some cases, the best strategy is to plead guilty and seek a lenient outcome. This is particularly true if you face licence suspension due to the demerit points from the mobile phone offence. A guilty plea, when presented correctly, demonstrates remorse and can significantly influence the court’s decision.
Our primary goal in these situations is to persuade the court to grant a non-conviction order, such as a dismissal under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This means that while you are found guilty, no conviction is recorded. As a result, you avoid the fine and, crucially, the demerit point penalty, allowing you to keep your licence. We achieve this by preparing a thorough case that highlights your good character, your need for a licence, and other factors that convince a magistrate that leniency is warranted.
Potential Legal Defences to Using a Mobile Phone While Driving
While using a mobile phone is a strict liability traffic offence, several legal defences may apply to your case. If we can successfully raise a defence, the prosecution must disprove it beyond a reasonable doubt. Our expert traffic lawyers will assess the circumstances of your case to determine if a defence is available.
Potential defences to a mobile phone charge include:
- Honest and Reasonable Mistake of Fact:Â You genuinely and reasonably believed you were not breaking the law (e.g., you believed your vehicle was legally parked).
- Passing the Phone to a Passenger:Â Fully licensed drivers are permitted to hold a phone for the purpose of passing it to a passenger.
- Duress or Necessity:Â You were forced to use the phone due to a threat or to avoid more severe harm in an emergency.
- Using the Phone for Payment:Â The rules permit using a phone to pay for goods or services in a drive-through or car park, provided the vehicle is stationary.
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A Winning Record
We have a proven history of successfully defending clients against mobile phone driving fines, focusing on securing Section 10 dismissals to save your licence and avoid demerit points.
EXPERT MOBILE PHONE TRAFFIC LAWYERS
This is a highly specific traffic offence. Our senior lawyers have over 40 years of combined experience exclusively in traffic law, providing a critical advantage in navigating the complexities of the Road Rules 2014 (NSW) and mobile phone detection camera evidence.
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A mobile phone infringement can have serious consequences for your licence. We offer a free, urgent Strategy Session to assess your case and outline your defence options. Our team is available 24/7 because immediate legal advice is crucial.
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FAQs
What counts as ‘using’ a mobile phone while driving in NSW?
Under the Road Rules 2014 (NSW), ‘using’ a mobile phone is defined very broadly. It includes holding the phone, touching it in any way, texting, emailing, using social media, taking photos, or having it in your lap on speaker. Essentially, any physical interaction with the phone while your vehicle is moving or stationary (but not parked) is an offence.
Can i use my phone when i’m stopped at traffic lights?
No. The law prohibits mobile phone use while your vehicle is stationary but not parked. This includes waiting at traffic lights or being stuck in traffic. To use your phone legally, you must be parked out of the line of traffic.
What are the penalties for using a mobile phone while driving?
The penalty for a mobile phone offence is severe. It includes a significant fine ($387, or $481 in a school zone) and the loss of 5 demerit points. If you elect to take the matter to court, the maximum fine a magistrate can impose increases to $2,200.
Do double demerits apply to mobile phone offences?
Yes. Using a mobile phone while driving is a double demerit point offence. During holiday periods, an infringement will result in a loss of 10 demerit points, which can lead to an immediate licence suspension for most drivers.
Are the rules different for learner and provisional (p plate) drivers?
Yes, the rules for learner and provisional drivers (P1 and P2) are much stricter. They are not allowed to use a mobile phone in any capacity while driving. This ban includes hands-free use via Bluetooth, using GPS navigation, or listening to music.
As a p-plater, will i lose my licence for a mobile phone offence?
It is highly likely. A single mobile phone offence carries 5 demerit points. Learner and P1 drivers have a demerit point limit of 4, meaning one fine will result in a three-month licence suspension. P2 drivers have a limit of 7 points, so one offence puts them very close to suspension.
Can i use my phone for GPS or navigation on an unrestricted licence?
Yes, but only under strict conditions. If you hold an unrestricted licence, you can use your phone for navigation if it is securely mounted in a cradle that does not obscure your view of the road. You must not touch the phone while driving.
Can i use bluetooth or hands-free on my p-plates?
No. Learner and provisional drivers are prohibited from using a mobile phone in any way, and this includes using Bluetooth or any other hands-free device to make calls or play audio. The only exception is showing a digital driver licence to a police officer when requested.
How do mobile phone detection cameras work?
These cameras use high-resolution imaging and artificial intelligence to capture images of the inside of your vehicle. The AI flags potential offences, which are then reviewed by trained personnel to determine if an infringement notice should be issued. They operate day and night and in all weather conditions.
Can i challenge a fine from a mobile phone detection camera?
Yes. The technology is not perfect, and errors can occur. You might have been holding a different object, or an exception may apply. The expert traffic lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can help you review the evidence and build a case to challenge the infringement.
What are my options if i receive a mobile phone infringement notice?
You can pay the fine and accept the demerit points, request a review from Revenue NSW, or elect to have the matter decided in court. If losing your licence is a risk, it is crucial to seek legal advice before making a decision.
Should i just pay the fine or take the matter to court?
If paying the fine will result in a licence suspension, taking the matter to court may be your best option. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we can advise you on the prospects of pleading not guilty or seeking a non-conviction order like a Section 10 to avoid the fine and demerit points.
What happens if i plead not guilty to a mobile phone offence?
The prosecution must prove beyond a reasonable doubt that you were the driver and that you were illegally using a mobile phone. Our lawyers will meticulously examine the evidence and can challenge whether the object was a phone or if your actions legally constituted ‘use’. A successful defence means no fine and no demerit points.
What are some potential legal defences to a mobile phone charge?
Potential defences include proving you were not the one driving, that the object was not a mobile phone, or that you were passing the phone to a passenger (for unrestricted licence holders). Defences of duress, necessity, or an honest and reasonable mistake of fact may also apply in specific situations.
Can i get a section 10 to avoid a conviction and demerit points?
Yes, it is possible. By pleading guilty and presenting a persuasive case for leniency, we can ask the court to grant a non-conviction order under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This is a key focus for our firm as it means no fine, no demerit points, and no criminal conviction, allowing you to keep your licence.
Is it illegal for a passenger to use their phone?
No, a passenger can use their phone. However, the screen must not be visible to the driver from their normal driving position, as this could be considered a distraction and lead to other traffic offences.
Can i just hold my phone or have it in my lap?
No. For all licence holders, holding a phone or having it resting on any part of your body (including your lap) while driving is illegal and constitutes ‘use’ of the device.
Am i allowed to pass my phone to a passenger?
If you have a full, unrestricted driver’s licence, you are legally permitted to hold a phone for the sole purpose of passing it to a passenger. This exception does not apply to learner or provisional drivers.
How can a traffic lawyer help me with a mobile phone offence?
An expert traffic lawyer is essential for navigating the complexities of this offence. We analyse the evidence, identify weaknesses in the prosecution’s case, and advise on the best strategy. Whether it’s fighting the charge or seeking a lenient outcome like a Section 10 dismissal, our expertise is focused on protecting your licence.
Why should i choose daoud legal: Sydney Criminal Defence & Traffic Lawyers for my mobile phone traffic offence?
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we are specialists in traffic law with a proven record of successfully defending clients against mobile phone fines. With over 40 years of combined experience, we provide a strategic, results-focused defence aimed at saving your licence, avoiding demerit points, and protecting your record.
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