Mobile Phone

The rules are stricter for learner and provisional licence holders. They are not allowed to use or touch their phone at all unless the car is parked.

An Infringement Notice gives you the option to finalise the matter by paying a fine and incurring demerit points. This is the simplest way to deal with the matter.

However, if you are not guilty or need to avoid the demerit points you might be better to contest your infringement notice in court.

There are risks to taking a case to court, including higher fines and a criminal conviction. Call us to discuss whether you could benefit from contesting your infringement in court.

Sometimes the police make mistakes. It is not unheard of for an officer to think that someone was using their phone when they were not.

If you did not commit the offence, then you should consider contesting it in court. Otherwise it will be recorded on your traffic record, and you will be treated as if you committed the offence in all future dealings with courts and police.

Call us to discuss whether you should defend your case.

The only way to avoid the demerit points is to contest the infringement in court.

The points will not be recorded if:

• You are found ‘not guilty’
• You are guilty but no conviction is recorded (section 10).

Call us to discuss the best way to avoid demerit points in your case.

You may be surprised to learn that you can be guilty of using your mobile phone even if the car was not moving.

The restrictions on using a mobile phone apply unless the car is parked (i.e. pulled over and engine turned off). This means that you cannot use the phone while stopped at traffic lights.

Although not a complete defence, being stationary can be a powerful factor in reducing the penalty. We have successfully avoided demerit points in many cases where drivers touched their phones while their cars were stationary.