Use Mobile Phone While Driving Charge Withdrawn

Last week Astor Legal had another use mobile phone while driving offence withdrawn after making legal representations to Transport NSW.

Our client received the fine after being photographed by a mobile phone detection camera holding an object that looked like a mobile phone. The demerit points associated with this offence would have resulted in a licence suspension as well.

Our client had consulted other lawyers who told him he should just accept the fine and suspension. After reviewing the photo and speaking to the client at length, we took a different view.

Our client instructed us that the object he was holding in the photo was in fact his wallet.

Our licence appeal lawyers began drafting legal representations to police for the withdrawal of the matter. This included photos of our client’s wallet as well as our client holding the wallet in a similar position to the photo.

We also stated that if the matter proceeded to a Hearing and the Magistrate ruled in our favour, we would make a costs application to cover our client’s legal fees. This is a powerful submission which often results in the matter being withdrawn.

Within days of filing representations, we received notice from Transport for NSW that they had considered our representations and would be withdrawing the charge against our client.

As such, our client is not required to pay a fine and does not incur the demerit points. He was overjoyed that he was able to keep his licence.