Mobile Phone Use During Traffic Stop
The individual was stopped by a police officer in New South Wales for allegedly failing to stop at a stop sign, a claim they dispute. During the interaction, they parked their vehicle and retrieved their mobile phone for identification purposes. The officer stated they would issue a fine for using the mobile phone. The individual seeks to understand the relevant mobile phone use laws they are accused of breaching. There were no reported issues with the officer during the stop.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the specific laws in New South Wales regarding mobile phone use while in a stationary vehicle during a traffic stop?
In New South Wales, it is illegal to use a mobile phone while driving or when the vehicle is stationary but not officially parked. Drivers can only use a mobile phone if they are parked in an authorized area or if the phone is mounted in a cradle. During a traffic stop, unless the vehicle is in a designated parking spot, it is not considered parked, thus handling a mobile phone while waiting may be seen as a violation.
What are the penalties or fines for using a mobile phone in this situation if found guilty?
In New South Wales, using a mobile phone while your vehicle is stationary but not parked can incur a hefty penalty. If found guilty in this situation, one may face a fine and demerit points. Note that during specific weekends, the demerit points can double.
How can I contest the allegation of not stopping at a stop sign if I believe I did stop?
To contest the allegation, gather evidence to support your case, such as dashcam footage demonstrating compliance with the stop sign, witness statements, or reviewing the officer's notes from the incident. You may challenge the fine in court by presenting your evidence.
Are there any defenses or exceptions that might apply to my situation involving mobile phone use?
In New South Wales, the main exception for mobile phone use is if the vehicle is in a legal parking situation. The law stipulates that the vehicle must be parked with the engine off to use a mobile phone without penalty. If the vehicle was parked properly, that could serve as a defense.
What steps should I take if I decide to dispute the infringement notice related to the mobile phone use or the stop sign allegation?
To dispute the infringement notice, ensure the notice details are correct and gather supporting evidence like dashcam footage. You can write a statutory declaration and submit a formal letter to the relevant authority, explaining your intention to contest the notice. If unresolved, you can proceed to court.
