No Conviction for Use Mobile Phone While on Good Behaviour Licence

Recently Astor Legal appeared at Port Macquarie Local Court on behalf of a 48-year-old dentist who was charged with using a mobile phone while driving.⠀
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Our client’s driving record was quite poor with 16 speeding offences as well as a mid-range PCA offence. In addition to this, he was on a good behaviour licence at the time he committed the use mobile phone offence. As such, if he had been convicted, he would have lost his licence for double the period of the initial suspension (ie. 6 months).⠀
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Despite the above factors, we prepared a strong subjective case. We obtained material from his dental practice which confirmed he provided free dental care to domestic violence victims. He had also set up a practice in Kempsey which could not operate without him being present.⠀
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Further, he had now purchased a cradle for his phone which would ensure there was no repeat of the offending. In addition, he had completed the traffic offenders program.⠀
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At Court we made detailed submissions. Despite strong opposition from the prosecutor we were able to persuade the Magistrate to not record a conviction. This means our client can continue driving.