Receiving a fine for using your mobile phone while driving can be a frustrating experience, especially when it’s based on photographic evidence. It’s natural to wonder if you can fight the charge, and the answer is: yes, you can. However, successfully defending a mobile phone camera charge can be complex and requires a thorough understanding of the law and the evidence involved.

Understanding the Offence

The basis for a mobile phone camera charge in South Australia is Australian Road Rule 300 which prohibits drivers from using a mobile phone while the vehicle is moving or stationary but not parked. The definition of “use” is quite broad, encompassing actions like holding the phone, entering information, sending messages, viewing content, turning the phone on or off, or operating any of its functions.

How the Prosecution Establishes a Charge

When a photographic detection device captures an image that appears to show a driver using a mobile phone, the prosecution relies on the photograph and accompanying information, like date, time and location, as evidence of the charge.  The police case is strengthened by a legal provision stating that this evidence is considered as proof unless contradicted.

This law creates a presumption that the photographic evidence is accurate and reliable if it was obtained using an approved device, and that the device was operated and tested in accordance with required procedures. Whether that was the case is one area in which a lawyer specialising in mobile phone camera charges can investigate.

Where a photograph is properly obtained, the owner of the vehicle is guilty of an offence even if they weren’t driving at the time, unless they nominate who the driver actually was within 28 days of receiving an expiation notice. If the owner cannot identify the driver, they must provide a statutory declaration explaining their efforts to do so.

Potential Defences

While the prosecution benefits from these statutory, or legal presumptions, there are potential defences to a mobile phone camera charge. For example, you might argue that the device malfunctioned, the photograph is unclear or doesn’t definitively show you using the phone illegally, or that you were using the phone for a permitted purpose.

Importantly, there is no presumption that any object or device held by the driver was a mobile phone.  Already, we at Websters Lawyers have seen a significant number of photographs relating to mobile phone charges in which we are of the view there is insufficient evidence to establish that the driver is ‘using’ a mobile phone.

Penalties and the Importance of Legal Assistance

A driver who receives a fine for using a mobile phone will not only be liable for a significant financial penalty, but will also incur demerit points if the fine is paid.  Even if the offence is technically made out, if demerit points are going to result in a loss of licence there are potential options available to reduce the number of demerit points incurred which is something you can discuss with an experienced traffic lawyer.

Given the complexity of these charges and the potential for serious penalties, it is crucial to seek legal advice from an experienced traffic lawyer if you receive a mobile phone camera fine. A lawyer can analyse the evidence, advise you on possible defences, represent you in court, and work to achieve the best possible outcome for your case. Challenging the accuracy or reliability of a photographic detection device involves understanding the various evidentiary provisions on which police rely to prove the charge.  Websters Lawyers have experienced specialist traffic lawyers available to assist you so if you want to find out where you stand call 8231 1363 to arrange a free telephone consultation.