Got a fine for using your phone while driving?

We can help save your licence

If the demerit points for a mobile phone ticket will put you over your limit, the only way to save your licence may be going to court.

You only get one shot at avoiding the points, so it’s important that you get it right. A good lawyer makes a difference and doesn’t need to cost the earth.

We are Sydney’s only dedicated traffic lawyers. We have helped hundreds of people to avoid demerit points and stay in the driver’s seat, and we would love to help you.

Need help? Speak with our lawyers today.

Call 0416 224 601 or message us for a free consultation.

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Frequently Asked Questions About Mobile Phone Fines

What is the law about mobile phones in cars?

The laws about using a mobile phone while driving in NSW are surprisingly tough

What you can’t do:

  • Hold your phone (even if you’re not using any functions)
  • Look at anything displayed on the screen
  • Turn the phone on or off
  • Enter information into the phone or send information from the phone
  • Operate any function of the phone (e.g. make calls, send messages, use an app)

What you can do:

  • Take calls via hands free (making sure you don’t touch the phone)
  • Take calls if your phone is mounted properly in a holder
  • Use “driver’s aids” (e.g.. GPS navigation) if your phone is mounted properly in a holder
  • Pass the phone to a passenger

Basically, it’s safest not to touch your phone at all unless your car is parked (i.e. pulled over and engine off) or you have handsfree or a phone mount.

What are the rules for learner and provisional licence holders?

The rules are stricter for learner and provisional licence holders. They are not allowed to use or touch their phone at all unless the car is parked.

Infringement notice for “use mobile phone” - what are my options?

An Infringement Notice gives you the option to finalise the matter by paying a fine and incurring demerit points. This is the simplest way to deal with the matter.

However, if you are not guilty or need to avoid the demerit points you might be better to contest your infringement notice in court.

There are risks to taking a case to court, including higher fines and a criminal conviction. Call us to discuss whether you could benefit from contesting your infringement in court.

What if I’m not guilty?

Sometimes the police make mistakes. It is not unheard of for an officer to think that someone was using their phone when they were not.

The same applies to camera detected mobile phone fines. The cameras work by recognising when a person is touching an object that looks like a mobile phone. Sometimes the artificial intelligence makes a mistake and incorrectly identifies an object as a phone.

If you did not commit the offence, then you should consider contesting it in court. Otherwise it will be recorded on your traffic record, and you will be treated as if you committed the offence in all future dealings with courts and police.

Call us to discuss whether you should defend your case.

How can I avoid the demerit points?

The only way to avoid the demerit points is to contest the infringement in court.

The points will not be recorded if:

  1. You are found ‘not guilty’
  2. You are guilty but no conviction is recorded (section 10).

Call us to discuss the best way to avoid demerit points in your case.

What if my car was stationary when I touched the phone?

You may be surprised to learn that you can be guilty of using your mobile phone even if the car was not moving.

The restrictions on using a mobile phone apply unless the car is parked (i.e. pulled over and engine turned off). This means that you cannot use the phone while stopped at traffic lights.

Although not a complete defence, being stationary can be a powerful factor in reducing the penalty. We have successfully avoided demerit points in many cases where drivers touched their phones while their cars were stationary.

Use mobile phone legislation

Use of mobile phones: Rule 300, Road Rules 2014 (NSW)
Use of mobile phones by learners and probationary drivers: Rule 300-1, Road Rules 2014 (NSW)

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5 Star Rating

Scott Robinson

Ainsley Law has one of the most experienced and one hell of a solicitor I have ever known in heavy vehicle matters (Sarah Marinovic). I cannot say anything else about her except EXCEPTIONAL. I would highly recommend Sarah to anyone who asks for a solicitor, not just a solicitor doing her job but a friend who will do nothing to get the best results for her clients.

What an amazing outcome Sarah got for me, such a sensation she is.

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Janelle Whale was wonderful to deal with, very thorough and importantly achieved the best possible result for me at Court. The cost for her service was more than reasonable. I would highly recommend Janelle and Ainsley Law for any traffic matter.

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Honest, professional, experienced and friendly.

Thank you Sarah Marinovic for all your help and advice.

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The help, support and professional knowledge of Janelle from Ainsley Law, was great and I will always be grateful for Janelle's help in my matter.

She explained everything thoroughly, and is great with communication, and I would highly recommend Janelle without hesitation.

Thank you Janelle from Ainsley Law.

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Thank you for the expert advice and great preparation. I couldn't be happier with the result. I highly recommend your services.

jonathan williams

Sarah Marinovic from Ainsleys has done an amazing job for me. Sarah guided me through the issues from the beginning, offering clear advice and reassurance throughout. Sarah was patient with me, constantly proactive and always available to talk. Sarah planned every step meticulously even to the strategy in the magistrates court. Sarah presented the case superbly, professionally guiding the magistrate to the best result possible.