Red P plater uses mobile phone while driving to help get her home
Ivory* was a young woman on her red provisional P1 P-plates driving her car in the inner west of Sydney. She had just finished work and was lost somewhere in Newtown. She decided while stopped at a red light to use the navigation application on her mobile phone to find her way home. However, a police officer from Traffic and Highway Patrol Command saw Ivory doing this. The officer then pulled her over, issuing her an infringement notice for ‘using a mobile phone while driving.’
Early in court proceedings Ivory represented herself. She entered a plea of not guilty to the traffic infringement. Her matter subsequently listed for a defended hearing before the Sydney Downing Centre Local Court. It was at this stage that Ivory contacted our firm for assistance.
Issue: Should a young woman lose her driver licence simply for using her phone to navigate her way home?
Outcome: Section 10 dismissal
Our traffic and driving offences solicitor who represented Ivory advised her to traverse her plea and enter a plea of guilty to the infringement. This advice was based upon the solicitor reviewing her driving history and believing that a dismissal under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) was a possibility. This means that the Court does not record a conviction. If you have made a plea in a traffic or criminal case, it is possible to traverse plea to a different one.
Our solicitor successfully advocated to the Magistrate for Ivory. Subsequently, the infringement was dismissed under Section 10(1)(a).
*We change names in order to protect client confidentiality