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L / P Plate Driver Uses Mobile Phone Whilst Driving

Mobile phone use whilst driving

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Section 10 for using a mobile phone whilst driving on a provisional and learner licence.

Our solicitor, Ms Stephanie McClelland represented a young woman at Local Court in relation to using a mobile phone whilst driving on a provisional and learner licence. The offence carries a $345 fine and 5 demerit points – immediate loss of licence.

The case involved our client, a provisional driver, using her phone in a cradle. According to the Rule, a P1 or P2 licence holder cannot use a mobile phone at all, regardless of whether they have it in their glove box or centre console and regardless of whether it is plugged into the sound system or playing through Bluetooth connectivity.

In accordance with our client’s instructions, we entered a plea of guilty and argued the defence of an honest and reasonable mistake.

Court Outcome – no suspension or demerits

Our representation resulted in the Court imposing a six-month suspension and conviction all wholly suspended. Our client was not required to forfeit her licence despite the serious nature of the offence and her charge was dismissed.

That result was achieved by preparing the case thoroughly. On sentence, Ms McClelland tendered subjective material, including our client’s letter to the Court, Character References and completion notice of the Traffic Offenders Program. The magistrate considered the character reference material thoroughly and commented that driving is a  privilege,  however accepted our clients otherwise good character, and her good traffic record since the incident.

This case illustrates the importance of quality representation and the value of a solicitor like Ms McClelland who cares for her client’s circumstances and will work hard to ensure their case is prepared and presented in a way that ensures the Court gives full effect to every factor in a client’s favour.


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