Hi guys, I got stung twice by the same mobile detection camera within a span of 40 minutes.
I had my phone out on my lap for navigation and I totally accept my fault. But the fines hold a total of 10 demerit points. I’ve never been through this situation before.
Has anyone personally been through that? I would appreciate any help form someone who could guide. And if there is any possible way to appeal for this case?
Thank you!
TLDR My fault but I'm cheap. Waaaaah
But your honour, I was busy trying to install mobile phone detector app.
Run away from Australia and never come back
You can either review the second fine when you get the letter explaining the first fine and ask for leniency. Otherwise you can go to court and contest it there, say you are guilty and are deeply apologetic, ask if the 2nd fined can be waived. Might be good to show your driving history. Courts are pretty lenient worth giving a shot.
Courts are places of business, yes they have an ABN, and the judge is a banker. I doubt you will be let off with an apology, good luck trying.
Nah the judge gets paid by the same organisation that is already broke.
So he has a mandate to make his position viable
You could argue that it was the one offence. That is, you only offended once, but the offence lasted for over 40 minutes. Many years ago they removed a second speed camera at the Spit as someone successfully argued in court that they were being fined twice for the one offence. There's a big difference between 40 seconds and 40 minutes though, so I've got no idea how successful you'd be.
I remember reading about that situation - second fine for the same offence on the same day dropped.
Another reference here: https://forums.whirlpool.net.au/archive/95qmn759
Get a phone holder and a headunit that has bluetooth and have your phone connected by bluetooth to your headunit. I got fined in the m8 for going over the limit by 20 km got fined and 3 month suspension sucks hard but at least I can now drive again.
What's the location where you got done?
I had my phone out on my lap for navigation and I totally accept my fault.
Enough said. I stopped reading at that point.
Buy a phone holder before you do something stupid to yourself or someone else on the road.
I had my phone out on my lap for navigation
Appeal and let them know you had your mobile on your lap which made it difficult to read speed signs and see the mobile speed cameras twice /s
I see so many comments about phone holders, which I know is legal but I have never understood why. Obviously the argument against using a phone is one hand off the wheel, taking your eyes off the road, distracting you etc. But put it in a plastic holder, right in your field of view where it is just as equally a distraction and still have to take your eyes off the road and suddenly you are allowed to touch it and do whatever, seems stupid to me, I see people driving along clearly trying to put in an address on their phone and there is no way they are watching the road any more than if they had it in their hand.
It's not meant for touching though, mine sits there and I use it for navigation only.
And I'm not constantly starting at it, just glance every now and then, less as often as you would checking your rear-view mirror (which you're supposed to do regularly).
It's as much of a distraction as the volume, and radio station buttons on the dash which you're allowed to touch while driving.
TLDR: It's for a visual, not for a "touchy-feely" scenario. And I hope everyone knows this.
sometimes to save my iPhone battery I have used HERE Maps GPS on voice only directions which seem to use a lot less battery than the moving screen display. In that case you can have a black screen just speaking the next turn navigation directions
but in NSW any such is required to be in a fixed holder - I got a cheap one from DAISO ($4.20 now?) which just slips onto my central dash vent louvres, and the 4 little arms close and grip the phone when the weight of the phone (vertical) pulls it down.
Because the government are good at making rules that make no sense.
This is why before I had a cradle and needed my phone to navigate I'd just lay it in the center console.
If the 10 demerits result in a license suspension then I'd take it to court. Otherwise meh, just drive lawfully and they'll be gone eventually.
Take it to court and say you didn't see the mobile speed camera on both occasions cos you were looking at the phone in your lap so they can slap you with demerits for using a phone while driving too.
Be thankful you made it to the second fine without hurting yourself or someone else.
Yeah using a phone on your lap, OP could be posting this question from the morgue.
OP could be posting this question from the morgue.
Telstra, move coverage than any other network.
Go to court, accept responsibility (show proof you've made a cradle purchase etc.) and act remorseful. A decent judge will cancel the 2nd one.
It's late 2022 - no excuses for using mobile whilst driving.
Sounds like you're lucky you didn't drive under a mobile phone detection camera as well.
As ever, you can try your luck, but I reckon you'll be ponying up.
$10 for a phone holder.
No excuse for mobile phone fines in 2022
People are stupid.
True but everyone makes mistakes as well.
This is a silly mistake…. Twice.
No excuse.
1st time, stupid mistake. 2nd time in 40mins, stupidity.
I’m sure if the op drive past a 3rd time, they would have had a 3rd fine.
Anyone know if mobile phone detection fines can be passed onto someone else or it will be checked?
Yes you can like all driving offences which are issued later, but don’t forget they have a picture of the person.
So if Mr Smith is taking the blame and the photo shows Mr Smith wearing a dress, you might have some explaining to do if they pickup on this.
🙏
Buy some shorts with a phone decal sewn into the leg, wear it to court
Pay your fines, figure out your bus route.
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Wonder if the OP is too traumatized to pick up the phone again and post an update 🤔
I'd say it's a burner account, likely a regular on this site but used a new account so no one would know who the real moron is
Got done speeding by highway patrol immediately after being flashed by a roadside cam (didn’t know at the time it was well hidden). Times were time stamped minutes apart. Police station said to write to fines enforcement WA and they waived one (points and money). Don’t think they would do the same 40 mins apart.
Pity the phone can't be confiscated for a month as well.
I use this one ($5), or I keep my phone in the centre console and listen to voice guidance.
https://www.kmart.com.au/product/universal-mobile-window-mou…
I got a cradle for $5 at big W. One of the better purchases I've ever done.
Having it on your lap and getting caught is tough….
It is very clear in the act that it is an offence.
You will probably loose the case.
But I challenged a fine (xmas time) when I had it in the cupholder (an offence). I contacted a traffic lawyer. I suggest that you get a fixed cost for them to write you a letter disputing the fine. It cost me $400 in lawyer's fees and an enormous amount of stress for 2 months before the police withdrew the fine.
Taking it to court is not an option. If the court says that the traffic offence will hold, you will get a criminal record.
If you dispute the fine without going to court, and accept whatever the outcome is, you should not get a criminal record.
You need to come up with a very good excuse yourself, why it was on your lap.
The police withdrew my fine (and I did not loose 6 demerit points) but I have learned from my mistake.
I don't ever touch or use the mobile phone anymore when driving.
Good luck. I am sure you have learned from your mistake.
The OP will not get a criminal record in NSW if they take it to court and the fine is upheld. They will cop the fine, demerit points and most likely court costs as well and that is it.
Thank goodness for Waze. I have it on even if I'm not using it to navigate.
How does a mobile cam catch you on your phone, I thought these cameras are mounted high
Ah, the old "Get me out of this stuff up" post
Send Lawyers, Guns and Money.
Go to the 16th Ozbargain b'day party IRL meetup and see if you can meet a kind lawyer who can represent you for free
Who knows, you might even meet the judge there that is handling your case on the day
OP Last Seen 16/10/2022
Don't bother for a nice lawyer. OP is a ghost now. Thread close.
I would appeal to a magistrate, say you didn't know you weren't allowed to have your phone on your lap, only that you couldn't be actively using it such as sending text messages and have purchased a phone cradle.
How does it matter if the offenceS were 40 mins apart or 40 days apart
2 offences = 2 penalties
Simples
Go to court ask for forgiveness guy our overnight radio did 3 in 4 hours went to court only got done for one.
Good, you deserve it.
In the retired VIC police AMA here, he said most car accidents involve someone using their phone while driving.
I don't want to be killed so you can scroll Instagram!
Hi guys, the fine is for mobile fine use, not for mobile fine contact. They have proved you have contact with your phone. If you can prove you are not using the mobile by going through your call records, then you will win the court case. We are all been kept in the dark about the actual laws.
I hope you will pay his court costs as your advice is rubbish.
You cannot handle the phone and will be fined even if no calls made.
Nobody is kept in the dark,, the rules are clearly spelt out on state websites.
Sounds like them pro HN bots found on their ads.
Knowing is power. QLD has even higher fines!