Using Phone Whilst Driving – Accused Not Available

Using Phone Whilst DrivingThis is a case study on a charge of Using Phone Whilst Driving wherein the accused was not available during mention at court.

Our client received a traffic infringement notice in the mail for using a hand held device whilst driving. He had elected to take this matter to court as he was under the belief (without obtaining legal advice) that he had a defence open to him. He was at risk of losing his only remaining demerit points if he was found guilty to this offence.

Adjourning the matter to court meant his demerit points were not immediately taken. However, after speaking with us it became clear that he did not have a defence to the charge. By the time the matter went to court, our client now resided interstate and was unable to appear at his mention to deal with it himself. We appeared and finalised the matter as a plea on his behalf.

Greer Boe acted on the client’s behalf at the Benalla Magistrates’ Court for the charge of Use of Hand-held Mobile Phones Whilst Driving.

The matter was listed for mention. As the client was on summons, he was not necessarily required to appear. We informed the prosecution in advance that we would be seeking for the matter to proceed in the absence of our client, which they consented to. We then appeared on the client’s behalf and sought for the matter to proceed by way of a plea of guilty to the single charge of Using a Phone Whilst Driving.

On the day we sought leave for the plea to proceed in the absence of the client, the magistrate took into consideration that it appeared that our client was taking the matter seriously. He understood that the case is that for a charge of Using Phone Whilst Driving and that the accused was not available. However our client has engaged a lawyer and the judge acknowledged that the client understood the logistics and financial difficulties of travelling back to Victoria for this sort of offence. Therefore the magistrate finalised the matter and imposed a fine.

His Honour was persuaded that the client should not be further penalised beyond the cost of the original fine as if he had paid the infringement notice. His Honour recorded no conviction against the client’s name.


Greer BoeGreer Boe Profile Picture

Greer is based at our Melbourne office and handles criminal cases at all courts in Melbourne. Prior to her admission as a lawyer, Greer has clerked for a number of barristers with chambers in Brisbane and Sydney.

Greer has an extensive exposure to indigenous communities and is a fearless advocate. She has been involved in social justice organisations and believes in restorative justice as a pathway to rehabilitation.

Visit Greer's profile to learn more about her.

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 16/07/2018