Mobile Phone Offences & Driving without Proper Control of Vehicle
The NSW Government implemented a significant number of stationary cameras across the State which have been used to identify drivers that are either using their mobile phones or do not have full control of their vehicle.
A common misconception is that these cameras are used only for mobile phone use. However, it can include other distractions such as having an animal sit on the drivers lap, eating meals, and putting on makeup so long as the Prosecution can prove that you did not have proper control of the vehicle.
What are the Penalties?
The penalty for using your mobile phone carries 5 demerit points and a $362 fine and driving without proper control of the vehicle carries 3 demerit points and a fine of $464.
What are the Defences?
The following are the legal defences against a charge of using a mobile phone while driving in NSW:
It is important to note that the burden of proof lies with the Prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.
Here are some examples of how the defences above may be used in a case involving a charge of using a mobile phone while driving in NSW:
Why Jackson John?
Our team at Jackson John will carefully review your case, keep you informed of your options and advise you on the best course of action throughout the legal process. Our wealth of expertise and experience make us the perfect team to have by your side. If you have committed a red light offence, please do not hesitate to contact Jackson John Defence Lawyers today for your free 15-minute initial consultation.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.