October 1, 2015

SAPOL’s Operation Distraction has targeted South Australian motorists who are using their mobile phones while driving.

Police tasked to Operation Distraction have been patrolling the streets and intersections undercover to fine drivers who use their phone while driving or stationary. An Expiation Notice for Driving while Using Mobile Phone issued carries a fine of $375 (including the victims of crime levy) and 3 demerit points.

If you have received an Expiation Notice issued by South Australian Police as a part of Operation Distraction you have options:

1. Pay the Notice

Paying the Notice will mean that you incur the 3 demerit points and may have serious consequences on your licence, including being disqualified from driving. P1 and Learner Drivers may also be charged with a Breach of Licence Conditions resulting in a disqualification.

2. Negotiate the Expiation Notice

If you believe that the Expiation Notice was issued in error you can write to the Expiation Notices Branch as per the instructions on the back of the Expiation Notice. Do not pay the Expiation Notice if you wish to negotiate it. Prior to the due date for payment you should contact the Expiation Notices Branch to ensure that they have received your correspondence. You should wait until you receive a response from the Branch before either paying the Expiation Notice or Electing to be Prosecuted.

3. Elect to be Prosecuted

Electing to be Prosecuted means that you do not pay the Expiation Notice and that you are instead served with a Summons which provides you with a Court date and time at which you, or your solicitor, need to attend.

Once your case is before the Court you then have the option to either:

a) Plead Not Guilty and dispute the allegation made; or

b) Plead Guilty and make an Application to Reduce the Demerit Points.

An Application to Reduce Demerit Points is more likely to be successful when there is something unusual about the circumstances of the offence. A solicitor can discuss the circumstances of your case with you and represent you at Court on such an Application to ensure that all relevant matters are considered by the Court.

If you have received a fine for using a mobile phone while driving contact a specialist traffic lawyer at Websters Lawyers and find out what you can do. Call 8231 1363 to speak to a lawyer or  contacts us via this form arrange a free initial interview.