Use of Hand-held Mobile Phones Whilst Driving – Withdrawn

driving-mobile-phoneOur client was charged with using a mobile phone whilst driving. He was pulled over by a police officer but he denied using the phone and produced records of his phone call to police as evidence that he had not made any calls. The police officer fined him despite this. There was also a television crew present filming a police television show.

Our client requested the matter be heard in open court. If he was found guilty he would lose demerit points that would effect his licence.

We represented the client at the Heidelberg Magistrates’ Court.

The charge was withdrawn before the contested hearing. Our client had the charges dropped against him without having to go to a contested hearing and run the risk of losing.

The police prosecution were initially reluctant to withdraw the charge however there was very limited evidence on the brief about what the police officer saw. Further, they had not produced the footage that was supposedly taken of the incident.

We requested the matter go to contest and further evidence be provided. The police withdrew prior to the contested hearing which was as excellent result for our client.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013