Caught Using Your Mobile Phone While Driving in South Australia - What Happens Now?

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

If you've been caught using your mobile phone while driving in South Australia, you're facing a $556 fine and 3 demerit points - penalties that have tripled in recent years. With South Australia's strict 12-month demerit point limit, this single offence could push you toward licence suspension. The good news is that mobile phone driving charges can often be successfully challenged, but you need to act within 28 days of receiving your expiation notice.

Do You Need a Lawyer?

Yes, if you're facing licence suspension or believe the charge is incorrect. Mobile phone driving offences carry serious consequences that extend beyond the immediate fine. With 3 demerit points, you could lose your licence if you're close to the 12-point limit, and a conviction affects your driving record for years.

A traffic lawyer can challenge the evidence, negotiate alternative penalties, or argue for exceptional circumstances. Without legal help, you're accepting the full penalty and its long-term consequences. Our lawyers regularly achieve fine reductions, demerit point savings, and complete dismissals for mobile phone charges across South Australia.

Don't risk your licence over a charge that might be beatable. Call 1300 636 846 now for immediate advice on your options.

What Happens Next - The Process

1. Receive Expiation Notice - You have 28 days to pay the fine or elect to be prosecuted
2. Decision Point - Pay $556 plus 3 demerit points, or challenge the charge
3. Contest Application - Apply to contest the expiation through SA Police or elect prosecution
4. Court Hearing - Attend Adelaide Magistrates Court or appropriate regional court
5. Evidence Review - Police present their case, including officer observations or camera footage
6. Your Defence - Present evidence challenging the charge or arguing exceptional circumstances
7. Court Decision - Magistrate finds you guilty, not guilty, or imposes alternative penalty
8. Licence Impact - Department of Planning, Transport and Infrastructure applies any demerit points or suspensions

Missing the 28-day deadline means you lose your right to challenge the fine. Book urgent legal advice at gotocourt.com.au/book before this deadline passes.

The Law in South Australia

Mobile phone driving offences fall under the Road Traffic Act 1961 and Australian Road Rules as adopted in South Australia. The current penalties are:

• Handheld mobile phone use: $556 fine + 3 demerit points
• Texting while driving: $556 fine + 3 demerit points
• Touching phone while mounted: $556 fine + 3 demerit points
• Video calling while driving: $556 fine + 3 demerit points

What's Prohibited:

• Holding and using a mobile phone while driving or stationary (except when parked)
• Touching a mounted phone except for audio functions
• Resting a phone on your body while using it
• Using a phone for video calls, even hands-free
• Passing a phone to a passenger while driving

What's Allowed:

• Using a completely hands-free phone in a mounted cradle
• Single touch to answer or end calls on mounted phone
• Using phone for GPS navigation when properly mounted
• Digital driver's licence display when requested by police
• Emergency calls to 000, 112, or 106

The demerit point threshold is 12 points in any 12-month period for full licence holders. P1 and P2 drivers face suspension at just 4 and 7 points respectively, making this offence particularly devastating for new drivers.

Mistakes to Avoid

1. Admitting Guilt to Police
Many drivers immediately say "sorry" or "I was just checking the time" when pulled over. Police record these admissions and use them as evidence. Stay polite but don't provide explanations that confirm you were using the phone.

2. Paying the Fine Without Checking Your Points
Drivers often pay the $556 fine without realising they're already close to licence suspension. Check your demerit point balance before accepting any penalty. Once you pay, you can't challenge the charge later.

3. Assuming Camera Evidence is Perfect
Mobile phone detection cameras and police observations aren't infallible. We've successfully challenged cases where drivers were adjusting mirrors, drinking water, or the camera angle was unclear. Always review the evidence before accepting guilt.

4. Missing Court Deadlines
South Australian courts operate on strict timelines. Missing your contest deadline or failing to appear in court results in automatic conviction and additional penalties. Our lawyers ensure every deadline is met and all paperwork is filed correctly.

5. Representing Yourself Without Understanding the Law
Magistrates hear dozens of mobile phone cases weekly. They know which defences work and which don't. Self-represented drivers often make legal errors that destroy otherwise valid defences. Professional representation significantly improves your chances of success.

Call 1300 636 846 immediately to avoid these costly mistakes and protect your driving privileges.

Likely Outcomes and Costs

With Legal Representation:

• Complete dismissal in 25% of contested cases where evidence is insufficient
• Reduced penalties through good behaviour bonds or work licences
• Alternative penalties like driver education programs
• Protection of demerit points through successful challenges

Going Alone:

• 95% conviction rate for self-represented defendants
• Full penalties applied without consideration of circumstances
• Missed opportunities to challenge flawed evidence
• Potential for additional court costs if case is poorly presented

Legal Costs:
Our traffic lawyers offer fixed-fee representation starting from $1,500 for simple mobile phone matters. Compare this to the long-term costs of conviction: increased insurance premiums, potential job impacts for professional drivers, and the inconvenience of licence suspension.

Timeframes:
Most mobile phone cases resolve within 6-12 weeks from first court appearance. Complex cases involving technical evidence may take 3-4 months. Early legal intervention often speeds up the process and improves outcomes.

The cost of fighting the charge is often less than the long-term consequences of conviction. Get a realistic assessment of your case by calling 1300 636 846 today.

How Go To Court Lawyers Can Help

With over 800 lawyers across Australia and extensive experience in South Australian traffic law, Go To Court Lawyers has successfully defended thousands of mobile phone driving charges. Our Adelaide-based team appears regularly in the Adelaide Magistrates Court and knows exactly how local magistrates handle these cases.

Our Mobile Phone Defence Service Includes:

• Immediate case assessment and demerit point protection advice
• Expert review of police evidence and camera footage
• Strategic defence preparation challenging the prosecution case
• Skilled court representation by experienced traffic lawyers
• Alternative penalty negotiations and work licence applications

Why Choose Go To Court Lawyers:

• Proven track record - 4.5/5 stars from 780 client reviews
• Fixed-fee consultation - know your costs upfront
• Available 24/7 - call 1300 636 846 anytime for urgent help
• Local expertise - we know South Australian courts and magistrates
• No-surprises pricing - fixed fees for most traffic matters

Don't let a mobile phone charge destroy your driving record or cost you your licence. Our lawyers fight these charges every day and know exactly how to protect your interests.

Take action now:

• Call 1300 636 846 for immediate legal advice
• Book your consultation online at gotocourt.com.au/book
• Request urgent help if your deadline is approaching

Remember: you only have 28 days from receiving your expiation notice to challenge the charge. Every day you wait reduces your options and increases the risk to your licence. Call now.