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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38190
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is it possible to avoid a traffic infringement if i was using

Resolved Question:

Is it possible to avoid a traffic infringement if i was using my mobile phone as a music bluetooth device whilst driving?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Can you describe what you were doing?

Customer: replied 1 year ago.

I was driving on Safety bay road 12pm Sunday 16th June when i grabbed my iphone to change music for the bluetooth. A police office was flashing his lights for me to pull over. After he pulled me over he said that i drove past them with my phone in my hand and that i was texting. I then Replied with "no i was using my music device for the Bluetooth player and explained that i wsn't aware that i couldn't do that and i wasn't making a call or texting. He said that i couldnt use my mobile phone at all while driving and issued me with a $250 fine and 3 demerit points. I don't understand how harsh he was. My driving record has been 100% in the past 5 years with no pints. He walked away and wouldn't listen. Isn't it strange how you can do other actions like eat, make up do your hair etc. read a magazine whilst driving But as soon a you pick up a phone. Ileagal

Expert:  Leon replied 1 year ago.
Good Evening

What is your driving record like? Do you have similar offences?
Customer: replied 1 year ago.

No similar offences at all. Got done for DUI about 7 years ago

Expert:  Leon replied 1 year ago.
Good Evening

I cannot say you will get it dismissed but you can right to the infringement bureau to have ti withdrawn. If that fails then elect for the matter to go to court and the court dismiss it.

Do not pay the fine but write the letter.

Because you have a reasonable record they should withdraw it.

Is there anything else I can assist you with?
Customer: replied 1 year ago.

It only gives me the option to have it heard by a court

Expert:  Leon replied 1 year ago.
Good Evening

That is an option but you can also request the notice bureau to withdraw it before court.

Try that first.

It is an intermediate step and all solicitors use this before court.


Customer: replied 1 year ago.

Do i need to explained what happened in the letter or just request for it to be withdrawn?

Expert:  Leon replied 1 year ago.
Good Evening

You set out what happened and apologise for the error.

You mention that you have a good record and that you do not have any similar offences.

Talk about the length of time you have been driving etc.

You paint a picture that you are a safe driver and that this was out of the ordinary.

If they accept what you say, then they will withdraw it.

If they refuse then you can elect to have it go to court.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38190
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Do i need to write the infringement number, date etc?


 

Expert:  Leon replied 1 year ago.
Good Evening

Yes you do. You should copy the notice and attach it to the letter.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

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