Lost 3 Points...

[Dean_HR31]

It happened to me. The one person who NEVER speaks on the phone while driving!

I got pulled over at around 1am last night cos the cop that came next to me on the freeway saw me holding my phone on my lap. The screen was lit up cos it was playing music.

My deck stopped working so iv just been playing music off my phone when i get really bored of having no sound.

I couldnt be any angrier. I wasn't looking at my phone, wasnt talking on my phone & it was on my bloody lap. It wouldve been 987569859 times more dangerous if i was to take my eyes off the road and adjust my aircon or play with my CD player but i wouldnt have been done for that would I!!

I seriously dont want to drive on the road anymore, crap like this is just a turn off. Because of this im thinking of just unregistering my 33 & using it as a track car only.

Im just really annoyed that this happened to me as iv never spoken on the phone while driving. All my mates are always talking on the phine in full traffic etc and dont get done but i get pulled up for this!

Im fuming.

Edited May 5, 2008 by Dean_HR31

[coOkies]

sighh.. another cop whose bored and got nothing else to do.

Really sorry to hear though, sounds really unfair..

Track is a good idea though

[Skyenate]

And yet where are all the cops when people are actually ON the phone

I see people yakking away daily, all over their lane, its annoying!!

[Gts-t]

take it to court and fight it if u can. what does the law state in this area? i thought u had to be actually talking on it to get a ticket

[Ant97GTR]

Yep take it to court and use the mobile phone record as evidence. State you were using it as a music player...present the evidence that you were neither sending/receiving sms's or making/receiving a phone call.

[-FIGJAM-]

i know is sucks and he prolly did pull u over for no reason, but it does happen. The law is 2hands on the steerin wheel. ive been pulled over and the copper actually said to me i have one ticket left, what do you want it for? i took it to court and surprise surprise i lost. but good luck with whatever u do.

[Dean_HR31]

absolute f*** pricks. What annoys me, is I used to think they are more leniant if u treat them with the respect the police officer deserves. But it still makes no difference, they treat u like **** shit. I always speak to em in a nice tone, address them as 'Sir' & never show any sought of cocky attitude or anything.

And u get NOTHING in return.

I spent 3 hours on Grand Theft Auto 4 yesterday shooting police in the head several times & then was kicking em while they were dead on the ground.

Believe it or not that made me feel a better. Think i need to play more tonight...

Edited May 5, 2008 by Dean_HR31

[joeyjoejoejuniorshabadoo]

2 hands on the steering wheel when not changing gears...

ring your phone provider and get the phone records... then consult a lawyer that does a free consult... like one of those no win no fee places...

i can see this going down one of 2 ways.... either you take it to court unrepresented but armed with your phone records and you win... convincingly

OR

the cop then states that you must have been on someone else's phone and then it your word vs a copper... NOT GOOD

[joeyjoejoejuniorshabadoo]

i know is sucks and he prolly did pull u over for no reason, but it does happen. The law is 2hands on the steerin wheel. ive been pulled over and the copper actually said to me i have one ticket left, what do you want it for? i took it to court and surprise surprise i lost. but good luck with whatever u do.

ALWAYS have your mobile phone sitting in your door or similar place recording when pulled over...

[joeyjoejoejuniorshabadoo]

absolute f*** pricks. What annoys me, is I used to think they are more leniant if u treat them with the respect the police officer deserves. But it still makes no difference, they treat u like **** shit. I always speak to em in a nice tone, address them as 'Sir' & never show any sought of cocky attitude or anything.

And u get NOTHING in return.

you might not get of from doing this.... but you sure will have an easier time

[yogibear]

ALWAYS have your mobile phone sitting in your door or similar place recording when pulled over...

you must tell them thier being recorded to use that as everdence i think you will find.

[turbo_brian]

What exactly is the phone for??

Is it worded "use of a mobile phone", or "use of a mobile communications device while driving"???

The wording will be the key to getting off or not, if it is alleged that you where using a mobile communications device while driving, then they are quite correct, you WHERE using a mobile communications device. Albeit you where not using it as a communicating device, but you where using it no the less.

If they claim you where talking on your mobile phone, then you have very good grounds to fight the claim, because you where not 'using a mobile phone', you where using a music player.

The other thing is phone records will not prove beyond a doubt that you where not using a mobile phone, because they are 1-way transparent (i.e they show you didn't initiate a call, they dont show if you received a call, as doing so would be against the telecommunications privacy legislation).

B.

[joeyjoejoejuniorshabadoo]

you must tell them thier being recorded to use that as everdence i think you will find.

interesting point... i suppose you could tell them...

but they record you for the same reason and dont mention it

[madbung]

What does the ticket read?

If it reads using/talking on a moble phone whilst operating a motor vehicle, get your itemised phone account make sure no call is infact logged for the booking time or just previous to the booked time.

Take it to the police station in question and see what they'll do.....if they don't bury it take it to court, it should get thrown out.

Edited May 5, 2008 by madbung

[turbo_brian]

get your itemised phone account make sure no call is infact logged for the booking time or just previous to the booked time.

Take it to the police station in question and see what they'll do.....if they don't bury it take it to court, it should get thrown out.

As already mentioned, this means lick-all, because your itemised call records dont show INCOMMING calls, therefore they will claim the call just have been recieved, the phone was still 'in use' and therefore the infringement sticks.

It sucks, but that's the way life goes.

I was almost done for the same thing, but was given a 'formal caution' on keeping my attention on the road when I was changing tracks on my MP3 player.

Same deal, saw the glowing screen, assumed it was a mobile, got pulled over and I told them I didn't even have a mobile on me at the time, it was an mp3 player.

I was told that if they deemed it as such, the MP3 player could be seen as driving without due care, and attract a neg driving infringement.

They basically have nothing btter to do, and innocent until preven guilty is a crock of shit, you have to PROVE TO THEM your innocent!!

B.

[bloodzkull]

you must tell them thier being recorded to use that as everdence i think you will find.

not in qld you don't. for audio only as long as 1 party knows then it's ok. intresting law that one

[4teecal]

What exactly is the phone for??

Is it worded "use of a mobile phone", or "use of a mobile communications device while driving"???

The wording will be the key to getting off or not, if it is alleged that you where using a mobile communications device while driving, then they are quite correct, you WHERE using a mobile communications device. Albeit you where not using it as a communicating device, but you where using it no the less.

If they claim you where talking on your mobile phone, then you have very good grounds to fight the claim, because you where not 'using a mobile phone', you where using a music player.

The other thing is phone records will not prove beyond a doubt that you where not using a mobile phone, because they are 1-way transparent (i.e they show you didn't initiate a call, they dont show if you received a call, as doing so would be against the telecommunications privacy legislation).

B.

Several factors may negate this argument.

Was the offence in NSW.

Was the driver provisional P1 licence holder.

If this were the case then it is an offence for a P1 licence holder to operate any function of a mobile phone in a car in NSW even if it is not in their hands.

Secondly, case law was introduced in about 2005 statign that any communications function is "using". There was recently amended again to cover any function a phone does, and not just communication. You best argument is whether you were holding the phone, but you already said you were holding it in your lap.

[dangerous_daveo]

Cop it on the chin hey, bit unlucky but as far as the law is concerned you were in the wrong. Good luck contesting it.

Either way, my opinion bit dangerous having it sitting on your lap while driving don't you think? Its interesting what peoples bodies do in emergencys, and I can tell you now having a phone sitting on your lap playing music isnt good.

[bombtrack]

Either way, my opinion bit dangerous having it sitting on your lap while driving don't you think? Its interesting what peoples bodies do in emergencys, and I can tell you now having a phone sitting on your lap playing music isnt good.

Not too mention what the radiation is doin to your balls!

That sucks Dean, tough luck. I bet you won't think twice about using your mobile phone while driving in the future, I mean why not, so this cop has effectively caused a potential problem on the road rather than solving one.

[R31Nismoid]

Im pretty sure the Vic laws wording is along the lines of not operating a mobile phone

So technically that would tell me that you are indeed using/operating it.

It doesn’t matter if your changing the time, turning it on silent or calling someone - your still 'operating' it.

Sucks yes.

Is it the law? Yes.

I'd check the wording etc with a lawyer, but depending on that wording will determine if you have a case or you've shot yourself in the foot