Lost 3 Points...

[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

[some_cs_student]

Bad luck with that one, but your much safer having it sitting in the centre console, what's going to happen if you brake hard?

at least you could say that you were using loudspeaker or similar if it was there....

Also laws vary by state so more info

[joeyjoejoejuniorshabadoo]

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.

you touch yourself at night

[NewKleer]

ok so what about using the GPS function of my phone, in a phone holder thing on the dash?

[Shell]

I guess you could have it on, but you can't enter an address or play with it while driving, just like any other GPS.

my Navman brings up a legal message saying you will not use the device when driving and you have to accept it before you can go any further.

[R-PWR]

Hey mate i feel your pain, my brother went to court as he got booked for passing the phone to my other brother in the passenger seat, not even calling or nothing. Cop said he was on the phone, he showed bills and all. But judge said if a phone is in your hands, then u lose the points. U cant touch the fkn phone.... anyways melbourne police just live with it.

[Modena]

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.

Contest it. If you can proove that you were not talking when you got spotted (call your telco and ask for evidence) then their case goes out the window.

Last I checked, it was illegal to talk on the phone while driving, not holding it or playing music.

[gdogzgtr]

The wording of the offence is "Use handheld mobile phone whilst driving" In saying use obviously means any application of the phone, whether making or receiving a call, sending message, setting time, listening to music, playing a game etc

I agree that it's fairly harsh to recieve a fine in this situation and I personally wouldn't have issued it but I think you would have a hard time getting off it.

Edited May 7, 2008 by gdogzgtr

[NewKleer]

but does use mean the fact its on, or that you're actively using it? if you start music, gps, whatever playing before you start driving, is that then using it? yes the device is being 'used', but are you 'using' it?

[ignuz]

but does use mean the fact its on, or that you're actively using it? if you start music, gps, whatever playing before you start driving, is that then using it? yes the device is being 'used', but are you 'using' it?

It's just considered a distraction.. Don't touch the dam phone lol.

[FATAZZ]

so im allowed to touch my iriver while driving,just not my phone?

makes alot of sense.

oh yeh Cops R Tops lol

[GTR-N1]

The wording of the offence is "Use handheld mobile phone whilst driving" In saying use obviously means any application of the phone, whether making or receiving a call, sending message, setting time, listening to music, playing a game etc

I agree that it's fairly harsh to recieve a fine in this situation and I personally wouldn't have issued it but I think you would have a hard time getting off it.

The Letter Of The Law is what the judge takes into account.

If the law says what's above, you're done...

If the law doesn't stop you from masturbating, it's ok

Silly isn't it

On the lighter side, there's this story of a guy who was being pinged for operating a mobile phone...

Cop: I've pulled you over because I saw that you were using your mobile phone.

Driver: Sorry sir. Just give me the ticket - I accept that. But just don't look in the boot!

Cop: Why what's in it?

Driver: Oh, it's just some white powder but really sir it's not mine! I'm just transporting it to a friend.

Cop: I'm going to call the drug squad. You just lie spread-eagled on the ground!

Driver: In that case, just don't look in the glove box then!

Cop: Why what's there?

Driver: Oh it's just a fake. It looks like a gun but it's just made of cold metallic plastic!

Cop: Now I'm going to call the SWAT team & I'll call the superintendant as well!

Superintendant: Well officer, we've checked the boot & we can't find any drugs. We checked the glove compartment & there's no gun.

Driver: Yeh & I suppose the copper told you I was using the mobile as well !!!

Cheers,

Terry

[scathing]

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

NSW cops are slowly getting wired with mics, and they tell you before anything else that they've got a recording device and its activated.

[scathing]

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.

That is true.

However, your mobile phone company will know that you received a call or message since they charge the caller's carrier back. I believe using the data functionality, assuming you can browse the web on your phone, is also logged with timestamps.

If you subpoena those records from your carrier, you can prove that there was no transmission at the time of the alleged infringement.

If they define "in use" as operating any functionality on the phone, like typing a SMS you didn't actually send or playing around with the menu functionality (changing songs?), then you've got no way to empirically disprove it and so its your word against the copper's.

[Modena]

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.

Thats bad luck.

Contest it if you can. I would as money is hard work and I dont let it get away for no good reason.

[POLICE]

yeah it's these shit that makes your blood boil.

I'd definitely take it to court, get a lawyer if you must

it is best to let the officer recount what happened

as you'll know which part he said was true and which part was not

but without knowing what the actual offense was that the officer charged you for

it's a bit hard to pass judgement

[.:: GimpS-R34 ::.]

CONTEST IT.. don't cost you shit... laws are made from a bunch of old farts who just spoil your fun.. what about gps systems... the laws are f**ked.. and they are ALWAYS on the side of the coppers.. they can get you for one thing or another.. even if you was jesus himself..

saw a copper on a bike doin 120+ in a 100 zone this morning.. knew this cause i increased speed to see if i could match his speed (not have him get closer or farther away.. at 115 i stopped at this speed and still he was losing me.. outrage.. why cant we record them and have them punished.. you know what happens when they get caught.. a 'naughty naughty' telling off..

a while ago my mate was driving down a street when a woman pulled out and hit him.. they exchanged details blah blah... next thing he knew a copper came to his house and said drop the insurance cliam on her as complaints have been made against him or he'll be charged with this and that.. he didnt so he got charged.. went through court etc.. turned out the copper was this woman's brother and no one had even contacted the police.. he used this "power" outside of his duty.. and guess what happened.. the cop had to go to anger management for "threatening"... thats it.. i think i need to become a police officer..

[mid life crisis]

actually there was a copper on talk back radio the other day yeah im old big deal lol,

gps units are classed as a drivers aid mobile phones are not . now here is the funny bit he reckons if ya mobile has a gps unit built in and your using the gps side of it you still can get done cause its still a phone and not a dedicated gps unit even if your using in a hands free cradle .

now whats the diff between using the gps on ya ph when its in a cradle to a gps unit stuck to ya window ?

got me beat

[Nismo_Boy]

You will lose, I did and more then $5k in legal fee’s in a Queensland court. Fact is, you can’t even touch a cell phone technically (in Queensland), yet you can touch a radio/CD player and technically operate a CB radio.. Go figure.

The phone was resting in your lap, but the cop saw the glow, you can’t prove you weren’t horsing around with the phone – Trust me, I dragged mine out for more then a year trying to prove I wasn’t using it.

Your cell phone provider will not supply you with incoming phone calls or SMS messages, they can’t and wont unless you supenear them and there isn’t any guarantee you’d still get it.

For 3 points I’d just take the ticket if you can, I’d love to have that 12months of my life back and the $5k+ legal fee.

CONTEST IT.. don't cost you shit...

Correct, but lawyers and legal teams do.

[Skyline34]

man that sucks, especially if you were just listening to music