Caught Using Mobile Phone While Driving in ACT - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Caught Using Mobile Phone While Driving in ACT - What Happens Now?

If you've been caught using a mobile phone while driving in the ACT, you face a $632 fine and 4 demerit points - one of the harshest penalties in Australia. These penalties have increased dramatically in recent years, and the demerit points alone could trigger licence suspension if you're close to your limit. You have 28 days to respond to the infringement notice, either by paying or electing to have the matter heard in court. The decision you make in the next few days will determine whether you keep your licence and how much this mistake costs you.

Do You Need a Lawyer?

Yes, you likely need legal help - especially if you're facing licence suspension or if your livelihood depends on driving. The 4 demerit points from a mobile phone offence can push many drivers over their limit, triggering automatic licence suspension. This is particularly dangerous for P-plate drivers who face suspension with just 4 points in 12 months, and full licence holders approaching their 12-point limit.

A traffic lawyer can challenge the fine on technical grounds, negotiate with prosecutors, or help you apply for a work licence if suspension is inevitable. Without legal representation, you're stuck with the full penalty - there's no reduction for early payment or good behaviour. Our lawyers have successfully defended mobile phone charges by identifying flaws in police evidence, challenging the definition of "use," and proving the phone wasn't being used for communication purposes.

The cost of legal help often pays for itself when you avoid licence suspension, keep your job, or get charges dismissed entirely. Call 1300 636 846 now - waiting until the last minute severely limits your options.

What Happens Next - The Process

Understanding the exact process helps you make informed decisions about your mobile phone driving charge:

1. Receive infringement notice - You have 28 days from the date of issue to respond. The notice will show the fine amount ($632), demerit points (4), and your options.
2. Choose your response - Pay the fine and accept 4 demerit points, or elect to have the matter heard in the ACT Magistrates Court. You cannot do both.
3. Court election process - If challenging, complete the election form and return it within 28 days. The matter will be listed for mention at the ACT Magistrates Court in Canberra.
4. First court appearance - Usually 6-8 weeks after election. You (or your lawyer) can enter a plea and request an adjournment to prepare your defence.
5. Preparation phase - Request police evidence including body camera footage, witness statements, and calibration records for detection equipment. This typically takes 4-6 weeks.
6. Final hearing - Present your defence before a magistrate. Outcomes range from dismissal to conviction with penalties up to $2,500 and 6 demerit points for contested matters.

Time is critical - once the 28-day deadline passes, you lose the right to challenge the fine. Contact a lawyer immediately if you're considering your options.

The Law in Australian Capital Territory

Mobile phone driving offences in the ACT are governed by the Road Transport (Driver Licensing) Regulation 2000 and the Road Transport (Safety and Traffic Management) Regulation 2000. The current penalties under regulation 300 are severe and have been increased multiple times in recent years.

What's prohibited:

• Holding a mobile phone in your hand while driving
• Touching or manipulating a mobile phone while driving (even if mounted)
• Using a phone for calls without proper hands-free setup
• Texting, emailing, or using social media
• Taking photos or videos
• Playing games or browsing the internet
• Using GPS navigation apps while touching the screen

What's allowed:

• Using a properly mounted phone for GPS (without touching)
• Making calls through built-in Bluetooth systems
• Using voice-activated functions without touching the phone
• Accessing music through steering wheel controls
• Using the phone when safely parked (engine off, handbrake on)

Current penalties (2024):

• Standard fine: $632
• Demerit points: 4 points
• Court-imposed maximum: $2,500 fine and 6 demerit points
• Additional penalty: Licence suspension if total demerit points exceed limit (4 for P-plate, 12 for full licence holders)

The ACT has some of the strictest mobile phone laws in Australia. Unlike some states, there's no distinction between learner, P-plate and full licence holders - everyone faces the same harsh penalties.

Mistakes to Avoid

Our lawyers see the same costly mistakes repeatedly. Avoid these errors that destroy otherwise winnable cases:

1. Admitting guilt to police officers. Many drivers immediately confess when pulled over, saying "I was just checking the time" or "it was only for a second." These admissions become evidence against you. Police body cameras record everything. Stay polite but don't explain what you were doing - this can only hurt your case.

2. Paying the fine thinking you can fight it later. Once you pay, you've admitted guilt and cannot challenge the charge. The demerit points are applied immediately and there's no refund. Many drivers panic and pay, then realize they're facing licence suspension. This mistake is permanent and costly.

3. Missing the 28-day deadline. Unlike court dates that can sometimes be extended, the 28-day limit to elect court hearing is absolute. We see drivers who discovered winning defences weeks too late. Mark this deadline immediately and get legal advice early - waiting until day 27 severely limits your lawyer's ability to investigate and prepare.

4. Representing yourself in court without understanding the evidence. Mobile phone prosecutions rely on specific evidence - police observations, body camera footage, sometimes phone records. Self-represented defendants rarely know how to challenge this evidence effectively. Magistrates see hundreds of these cases and won't guide you through technical defences.

5. Assuming you can't win because you were "obviously" using the phone. Many successful defences don't dispute phone use but challenge whether it constitutes an offence under the legislation. Was the car actually "driving"? Was the phone being "used" as defined by law? Was the detection method reliable? These technical arguments require legal expertise but can result in complete dismissal.

Don't let these mistakes destroy your case. Get professional advice before making any decisions that cannot be undone.

Likely Outcomes and Costs

With legal representation: Experienced lawyers achieve dismissals in 15-25% of contested mobile phone cases by identifying technical defences, procedural errors, or insufficient evidence. Even where guilt is clear, lawyers often negotiate reduced charges or minimal penalties. Most importantly, lawyers can help you avoid licence suspension through work licence applications or appeals to the timing of demerit point accrual.

Going alone: Self-represented defendants win less than 5% of contested cases and often face maximum penalties when they lose. Magistrates have limited patience for unrepresented defendants who don't understand court procedures or evidence rules. You'll likely pay the full fine plus court costs.

Realistic costs:

• Initial consultation: $295 (fixed price at Go To Court Lawyers)
• Summary representation: $1,500-$3,500 for straightforward matters
• Complex defences: $3,500-$6,000 where extensive preparation required
• Court costs if you lose: Additional $150-$300
• Lost income from licence suspension: Often thousands per week for drivers

Timeframes: Most matters resolve within 3-6 months from first court date. Complex cases requiring expert evidence or appeals can take 8-12 months. However, immediate legal advice can often resolve matters faster through early negotiations with prosecutors.

The mathematics are clear: investing in legal help early almost always costs less than accepting the penalties, especially when you factor in licence suspension consequences. Call 1300 636 846 for immediate cost estimates based on your specific circumstances.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been Australia's largest legal service since 2010, with 800+ lawyers across every state and territory including experienced ACT traffic lawyers who appear daily in the ACT Magistrates Court. We understand exactly how mobile phone prosecutions work in Canberra and have developed proven strategies for these increasingly common charges.

Our ACT mobile phone defence expertise includes:

• Challenging police evidence and observation methods
• Technical defences around the definition of "use" and "driving"
• Procedural challenges to detection equipment and calibration
• Work licence applications to avoid employment termination
• Demerit point management and suspension appeals
• Negotiating reduced charges with ACT prosecutors

Why choose Go To Court Lawyers:

• Fixed-fee consultation - know your costs upfront
• 24/7 hotline: 1300 636 846 - urgent help available now
• 4.5/5 star rating from 780+ reviews - proven results you can trust
• Local ACT lawyers who know the magistrates and prosecutors
• Online booking available at gotocourt.com.au/book
• No-win, reduced-fee options for eligible matters

We've seen the devastating impact licence suspension has on families and careers. Our lawyers fight aggressively to protect your licence and minimize penalties. Don't face this alone - the penalties are too severe and the technical defences too complex.

Your next steps are simple: Call 1300 636 846 right now or book online at gotocourt.com.au/book. Our ACT lawyers are standing by to review your case and explain your options. With only 28 days to respond, every hour counts. Don't let this phone call cost you your licence and livelihood - make the call that could save both.