Our Result - Case Study Driving with a Mobile Phone - Demerit Point Application written by James Caldicott

Reference: 1600687

Charge

Our client was charged with driving whilst using a mobile device.

Circumstances

Our client was charged with driving whilst using a mobile device. Client plead guilty to answering a phone call by clicking a button on her mobile phone and speaking through her Bluetooth device whilst driving a motor vehicle.

Given our client’s license status namely that she would lose her license and ultimately her employment and volunteer opportunities if she incurred the full 3 demerit points for this offence.

An application was subsequently made pursuant to the Motor Vehicles Act to allow evidence to be given on oath before a Magistrate to reduce demerit points on the basis there was proper cause to do so.

Mr James Caldicott represented our client at the Elizabeth Magistrates Court for that matter.

The successful application before the Magistrate was done. Client had to give evidence on oath as to the circumstances of the offence. Submissions were subsequently made by Defence Counsel that proper cause existed for the reduction of her demerit points for this offence to zero. His Honour at the time agreed with the submissions put and given the personal circumstances of our client and the circumstances of the offence did not record a conviction for the offence and not impose any demerit points. There was a fine of $400.00 which was the original expiation fine which included within that amount the Court costs, Prosecution costs and Victims of Crime Levy.

This was an exceptional result for our client. 

 

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.

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