Fined For Using My Mobile Phone

[jacob_xr6turbo]

Hey guys,

Just wanted some advice. I was sitting on swan street/punt road intersection last night (stationary at the lights), and my phone started to ring so I picked it up and held it down around my gearstick to see who it was. I started to take off from the lights and put the phone down to start driving again.

It was at night, so I guess the screen was shining in my face. Anyway, I didn't pick it up to put it at my ear, I just went to look who was calling. The phone didn't come up past the height of my leg.

Next thing I know there is a unmarked cop car behind me, and pulls me up out front of richmond station on swan street.

She asked me why I was on my phone, I said I wasn't, I just picked it up to look at the screen while sitting stationary at the lights, then put it back down when I started to drive again.

She then told me that she had the right to fine me for it even if I was just looking at the screen.

$254 and 3 demerit points is absolutely SPASTIC and I couldn't believe that was the fine. I wasn't even driving, I was at the lights STOPPED!

Do I have any re-course in this at all? I don't want this on my insurance record..

Cheers guys,

Chris

Edited 21/08/09 02:35 AM by Christiaan

[ronburgundy]

Check the Call Logs - if you can prove you didn't answer it (ie it comes up as a MISSED rather than RECEIVED call) you MIGHT have an argument. I don't like your chances though.

AFAIK if the car is turned on and doing anything other than sitting in a parking bay, you're nicked.

[civillian]

If your engine was on, and you were on the road, sitting in the drivers seat and interacting with a phone, technically that's the same as SMS'ing. It's a driver distraction, regardless of what speed you were doing.

Sounds like she wasn't happy with your response / excuse. Vic police aren't the most lenient in the world, add to that some of the female (and male of course) coppers are on a massive power trip, especially with young 'hoons' who need to be 'put in their place'. In reality, you being pulled over probably had little to do with the actual offense and more about the look of your car / driver etc.

Best bet would be to get a cradle for your phone, then at least it looks like it's a hands-free which I think are OK for some reason.

N

[Sleeper6T]

Possibly worth a phone call to a solicitor to just ask the question - 'Is it worth fighting'? But don't like your chances after seeing this on vic roads' website:

The law <a href="http://" target="_blank"></a>

It is illegal in all Australian states and territories to use a hand-held mobile phone while driving. This includes:

• Talking
  
• Texting
  
• Playing games
  
• Taking photos/video
  
• Using any other function on your phone.
  

Using a hand held mobile phone is also illegal when your vehicle is stationary but not parked e.g. when you’re stopped at traffic lights.

Drivers who break this law in Victoria face an on-the-spot fine and incur three demerit points. Learner and P1 drivers are not permitted to use a hand-held or hands-free mobile phone while driving.

As you said being dark it made the inside of the car light up, but I wonder if you had of said that you just looked over at it instead of saying you picked it up whether that would have given you grounds to fight it, or even get let off with a warning.

That could throw doubt into it, glancing across to look at the light coming from your phone is no more illegal than turning your head being distracted from a police, fire, or ambulance light, or any other light for that matter. I'd say admitting that you picked it up no matter how low you kept it is the key point.

Sorry mate, if you told that story as a hypothetical I reckon more than half the people you told would say the cop would use discretion and let you off with a warning.

Edited 21/08/09 03:17 AM by Sleeper6T

[Pete A]

Sorry to hear it mate, and maybe it's a bit harsh given your explanation of what you were doing as you obviously know that you're not allowed to use your phone while driving. But the cop is right, even at traffic lights it's not allowed.

I'm sorry but being a person who has been hit by a person who was on their mobile phone while driving, as well as females putting on their makeup while driving, I fully support the hard line attitude on this and I wish they would get even more harsh. I don't think the cops police this major hazzard nearly as much as they should. I would still see at least 10 people every day doing it and they don't realise just how dangerous it is. The part I cannot work out is that legal bluetooth systems are not that expensive these days and why people would risk the fine and points, as well as the safety I just cannot understand. In my opinion I would increase the penalties.

[RSK]

I've been done for the same thing, except checking an sms at a red light while stationary. Looked over to my right to see a cop looking at me, I thought to myself "oh sh*t" and slowly looked back at the phone and put it down. Cop said he would have let me off if I had put it down straight away instead of looking at it again breifly. O well.

[Duffman]

$250?? and 3 demrits wow? its only $80 and 20 demerits here (100 gets you into troubles) and it doesn't even count untill nov 1st

[XR6T-CTOWN]

Sorry to hear dude, I got done last year but I had no excuse I was actually driving and talking on the phone....highway patrol apparently had been trying to flag me down for a half a click before I saw the lights in my rear view .... very harsh fine but I deserved it seeing as how my attention to the road was so bad I didnt even see the big red and blue lights flashing me for a k down the road

Given your circumstances though I reckon you have a really good chance of contesting it in court ...although the copper would have recorded in her notebook that you said you picked it up so legally you did commit an offence.. Im betting the magistrate might cut you a break .... im no lawyer but a good bet would be to plead guilty with an explanation (explain exactly what you said here that you just picked it up to look at who was calling and put it back down) and go for a section 10 (guilty plea but no conviction be recorded against your name) fine wiped but im not sure about the points ....

like I said im no lawyer so its always safe to seek legal aid

[jacob_xr6turbo]

hey duffman, we've all seen highway patrol. you could be driving with 2 out of your 4 wheels missing on the motorway and they'd give you a warning and ask you to drive home carefully and get it looked at...

I might just write a letter and see what happens. I never use my phone while driving, as I know it is a major distraction, but I was stopped in traffic, and I wasn't even using it..

Sleeper6T, yeah. I heard there was some kind of blitz on in the city last night.. few people got pulled up.

Edited 21/08/09 03:51 AM by Christiaan

[ebxmple]

FARKING QUOTAS. I got done for the exact same thing but it was my Ipod that I was touching at the lights which is velcrode to my dash. I argued with them for 15mins that I wasnt touching my phone and that it was still in my pocket so they let me off as they obviously could tell I was telling the truth. They made it hard by looking over the car then brethoing me but they let me go. They didnt want to admit they were wrong and tried to make me out to be a liar but I stayed firm and eventually they apologised and said have a good night. Sometimes they just want to pick on pissy things as maybe they are having a quiet night with no hoon activity. Cant see what the difference is between looking at your phone and changing your cd or radio,it takes bout the same time.