Fined For Using My Mobile Phone

[XR06T]

you are getting pumped mate.

you weren't using the phone (I take it), you were looking at it. it is the same as looking at you climate control or gps imo.

there is no way that can stick if you weren't using it.

<sarcasm>

pay more attention when you are stopped ferchrissake!!!

</sarcasm>

Edited 21/08/09 04:09 AM by XR06T

[azasturbo]

Ive often wondered how it is safe for police to be on mobile phones whilst driving but no one else, In fact got pulled over once for overtaking a polce officer who was blocking the fast lane doing 10ks under the limit on a mobile

I think to be fined in this instance is a bit harsh considering the real crimes that people get away with a slap on the wrist by a judge. The whole system in Aus needs to be reviewed as far as crime vs punishment goes and that's not the cops fault but the legislators.

PS. Not a police bash im over that now

[BOZZTURBO]

got friend he wasnt talking on the phone , but scratching his ear got stopped by the cops fined and 3points . so his going to court next month .

[Iconic Bionic]

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.

No better evidence then your admission to using the phone which is satisfied here by you responding to an incoming call and picking up the phone.

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

$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! Even stopped at lights your solely in control of the car, its steering, propulsion and braking.

Cheers guys,

Chris

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. Often this issue is raised, but the logs can be manipulated in ones favour, though not completley useless.

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. Agree and that's why its enforced when your at stopped lights, give way sign, stop signs and even stopped in traffic./color]

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'. :angel:

In reality it had everything to do with phone that's what he/she was there for. Why does blaming the car come up so often, because theres always the real issue of speeding, racing or phone involved.

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 .... I think his Victorian and there sec 10 will like be called something different, if they even have one at all

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.

This always reers its head as well, and if there was a quota, even though he was on the phone, they would just go sit off a stop sign in unmared cars and clean the fark up big time. So come up with something new next time.

And at $253 versus solicitors costs of some thousands, is it really worth it? Up to you.

I.B.

I think to be fined in this instance is a bit harsh considering the real crimes that people get away with a slap on the wrist by a judge. The whole system in Aus needs to be reviewed as far as crime vs punishment goes and that's not the cops fault but the legislators.

PS. Not a police bash im over that now

A fine by the side of the road or a day in court with other real crooks??? I think most would rather the fine and get on with life, as I would.

When bluetooth and other car input sytems with phones now exist, then the excuses for using a phone and driving are quickly running out. I understand that most are unaware that being stationary and usuing a phone is treated the same as driving at 60kph, but being on the phone stopped at lights and in a conversattion while an ambulance is trying to get past you does occur and all you are doing is delaying that ambulance, as one example.

I.B.

[400KwXr6t]

Hmm so what if you were using your phone to check the time?

isnt it the same as looking at your wrist to check your watch

? I dont agree with people using phones when driving and reading sms is even worse. just dont see how they can do you just for seeing a glow.that sucks man. :angel:

like some one said coulld have been an I pod or what when I use my phone plugged onto my AUX input to use as a music player? Probably illegal aswell. just hope I dont get a "you were using a phone fine" just a changing songs on an ipod fine.

Which I do at lights anyway because searching on an ipod is equally distracting.

Oh yeah get done on double demerits and there goes half your licence.

[Mat]

I been done for the same thing (plus many others lol) and theres really SFA you can do about it! I tried to argue that I was changing songs but didnt matter. Was also DD...

[stang]

I.B I`m in victoria don`t know if you know but it has been said that you can even be fined while using a hands free , this is a very grey area can you comment on this?

[Iconic Bionic]

The ordinary definition of mobile phone is applied and a hands free kit is not considered to be one. Not grey at all and tested to very high levels of court, as was sms texting, note taking on PDA and voice/memo recording. The act of usuing a mobile phone while driving is not solely related to haveing a conversation. To answer your question better, in which Vic follows the same rule here as NSW, hands free does not fall under the use mobile phone offence unless you are required to activate the mobile phone first.

Generally, without all the pages of paranoia and rumors above, if you are texting so it can be seen or it is held to your ear then your in real trouble. I must say that at night it is difficult to detect but the glows, followed by admissions, do help.

I.B.

[NB4C]

Hey Christiaan,

They need to prove you guilty beyond reasonable doubt in order to charge you (theoretically speaking). So if the police don't have a video/photo of you with a phone in your hand, then they can't actually prove you used the phone.

Picking up the phone just to see who was calling is a gray area. You could argue that it's no different to picking up a map, but on the other hand you did technically USE your phone by looking at it.

My dad disputed a parking in clearway fine in court and won. The zone wasn't clearly marked and he took some film photos of the area to prove it. He took a huge risk because he was representing himself too.

Understandably, you are very pissed, in principle, you're probably not in the wrong. But be realistic and consider how much you'd have to pay if you lost in court.

[Mat]

Its funny, your pretty much a community killing road terrorist if your using a mobile, yet everyday on the Mitchell freeway on the way to and from work I see people playing with GPS units, women putting lipstick and make up on and the 5-0 dont bat an eyelid.