NSW fined for using mobile while driving - I wasn't. Any advice?

Originally Posted by YGOAMG

At the end if the day that cop will have to say under oath that he saw you on the phone,
You'll have to say under oath that you wernt

Who's got the balls to lie??

Or maybe the cop was genuinely mistaken?

Hey Renae

welcome to NSW

As others have said, document everything (even printouts of you Dynavin specs showing it has bluetooth, pics of it in your car etc) and use your phone records including a dump of your phone's call logs.

Don't be surprised for the officers from the scene or the prosecutor to have a totally different story to yours. If you elect to go to court, find out who the prosecutor is and have a chat with them saying that you have proof that you weren't on the phone. That might just result in the charges being dropped.

Good luck and best wishes....

Originally Posted by M3N7AL

Also, your record has nothing to do with it and can't be considered at all, your criminal/driving history can only be looked at during sentencing. They look at it as a way to choose your punishment. So don't worry about whether you have a good record or not. You can't be judged on that. You will simply be judged on the day's events and that's it.

Good luck.

Not really true, I have been let off 2 parking fines and one speeding fine because of my clean record as a driver. If you can provide a reasonable and logical reason as to why you received the fine in error and can back it up with a clean driving record it is a huge advantage.

Did the cop actually see your phone? Did you show it to him?

Borrow a friends white phone lol

In court the judge can only take into account your history during sentencing. So if you're guilty he/she can elect to let you go with no conviction because of your clean record etc.

It's either your guilty or not guilty. If he/she "lets you off" it means you were guilty but because of your record he let you slide with no conviction. So therefore they took into account your criminal/driving history during sentencing. Thanks

Originally Posted by Goondaddy

Or maybe the cop was genuinely mistaken?

Exactly what im saying..
If his not 100% sure, its going to take a brave/dumb man to say under oath you are.


Its what I say to officers who pull me over. (which doesnt happen very often at all)
"As long as you are ready to say under oath that i was commiting the offence, I'll take it."

Got let off twice.
received 3 fines

The police have to be 100% sure you were on the phone, if they were 99% sure then you're NOT guilty.

With a good barrister, some cross examination skill and the records and photos for your defence, you WILL be fine.

Then again you can represent yourself and provide all necessary records/photos etc.

Originally Posted by YGOAMG

Exactly what im saying..
If his not 100% sure, its going to take a brave/dumb man to say under oath you are.

No not really, it happens all the time and they go unpunished just like "beto" the Brazillian who died from being tased.

The coroner found the Police to have lied and fabricated their statements yet they were given promotions and continue on without any drama.

Dec - Crown ran out of witnesses today so got an early mark!

OP - a lot of misinformation (unintentional and well meaning no doubt) and partial assistance in this thread. As you might have guessed I'm a lawyer. Send me a PM if you like with your phone number and I'll give you a call to have a chat about your situation. I'm a little busy at the moment but could call you during the lunch adjournment one day this week.

Tim.

You sound like a top bloke! ^^ I'd buy you a beer.

Good luck O.P

Originally Posted by BrisM3

Dec - Crown ran out of witnesses today so got an early mark!

OP - a lot of misinformation (unintentional and well meaning no doubt) and partial assistance in this thread. As you might have guessed I'm a lawyer. Send me a PM if you like with your phone number and I'll give you a call to have a chat about your situation. I'm a little busy at the moment but could call you during the lunch adjournment one day this week.

Tim.

Epic, I thought they had 50+ witnesses..

That's E46Fanatics commitment. Busy with a massive case and you're still willing to provide advice in your lunch break!

PS: 2 CSL's for sale in QLD... Take your pick!

If your post pay just sign up to Telstra online. Call logs are on there updated every 24 hours.

Excellent reporting. It will only show outgoing, if you want incoming that's a tad more difficult to get.

There is Dec. Just got through the alotted witnesses a bit quicker yesterday.

There is a new law for mobile phones for NSW & VIC drivers that was enforced since Nov 1st 2012.

http://www.smh.com.au/technology/tec...030-28gtn.html

Extract from article:
It will be illegal for NSW motorists to even touch their mobile phones while driving from Thursday.
Centre for Road Safety general manager Marg Prendergast says motorists will have to buy a cradle or hands-free device if they want to talk on their mobile while driving from November 1.
Holding a phone while talking and driving is already illegal, but the new laws mean drivers can't touch the phone at all unless it is mounted.

Originally Posted by BrisM3

Dec - Crown ran out of witnesses today so got an early mark!

OP - a lot of misinformation (unintentional and well meaning no doubt) and partial assistance in this thread. As you might have guessed I'm a lawyer. Send me a PM if you like with your phone number and I'll give you a call to have a chat about your situation. I'm a little busy at the moment but could call you during the lunch adjournment one day this week.

Tim.

Thank you, I'll send you that PM.


[SeN] - The new laws are ridiculous. I've heard of so many people getting done for using it when they weren't since it came in. The only time you're allowed to use it is to pass it to another person or something.

Sorry to read of your predicament

I worked for Telstra for nearly 9 years until recent.. Is your mobile on a personal or business account (2 different billing systems)

If Business they can do a screen dump of calls made, time & location but its 24/48 hours behind.

If consumer, well you should be able to log into 'my account' via Telstra website

All the above will only prove sadly is you didn't make an outgoing call - not that you didn't receive one

Telstra does not record incoming call details UNLESS you report your receiving unwanted calls (stalked etc) then they will place a trace from when you alert them..

Originally Posted by Nath

Sorry to read of your predicament

I worked for Telstra for nearly 9 years until recent.. Is your mobile on a personal or business account (2 different billing systems)

If Business they can do a screen dump of calls made, time & location but its 24/48 hours behind.

If consumer, well you should be able to log into 'my account' via Telstra website

All the above will only prove sadly is you didn't make an outgoing call - not that you didn't receive one

Telstra does not record incoming call details UNLESS you report your receiving unwanted calls (stalked etc) then they will place a trace from when you alert them..

Personal account.
Why is it that they cannot even send me a letterhead saying there were no calls at that time? The man I spoke to said his manager told him he wasn't authorized to do so.

Is there no way to get incoming calls? The tech man at the Apple dealer here said he couldn't get it off the phone.

Reason why they can't place that in writing is due to them not having the information available to sign off on it - Telstra do not record your incoming calls unless you request it prior - may fall under 'privacy act' I'm not sure

Just do a print screen from you phone..


I don't see the point though..
As the nature of the phones use isn't in question.
The mere possession while in control of a motor vehicle is the offence.

Originally Posted by Nath

Reason why they can't place that in writing is due to them not having the information available to sign off on it - Telstra do not record your incoming calls unless you request it prior - may fall under 'privacy act' I'm not sure

Simply not true.

CCRs (Call Charge Records) - the calls you make

And Reverse CCRs - the calls you receive are recorded and are provided by telcos when properly subpoenaed.

There is no need to request for that at a time prior to receiving the calls.