Use of Mobile Phone While Driving

The Road Rules 2008 create a number of offences of relating to the use of mobile phones while driving.

Your Options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

1. The driver was using a mobile phone
2. The vehicle was moving or was stationary but not parked

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the use of the mobile phone was to receive or call or use the audio playing function if:

• the mobile phone is secured in a fixed mounting; or
• the mobile phone does not require you to touch or manipulate the phone in any way.

All other functions including texting, video messaging, online chatting, reading preview messages and emailing are prohibited

While your vehicle is moving or stationary (but not parked), as a driver you must not hold your mobile phone in your hand other than to pass the phone to a passenger.

Learner and P1 drivers and riders are not permitted to use a mobile phone at all while driving or riding.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty:

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The offence carries a maximum fine of $2200 and the loss of 3 demerit points (4 demerit points if caught in school zone).

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence