Caught Using Mobile Phone While Driving in WA - Fines, Points and Licence Loss

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

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

Western Australia has some of Australia's toughest mobile phone driving penalties - $500 fine and 4 demerit points for first offences, rising to $600 and 5 points for repeat offenders. With WA's licence suspension threshold at just 12 points, one mobile phone fine puts you dangerously close to losing your licence. If you're facing a mobile phone driving charge, you have 28 days to challenge it or accept the penalty - don't wait until day 27 to get legal help.

Do You Need a Lawyer?

Yes, especially if you're already carrying demerit points or your livelihood depends on driving. A mobile phone fine isn't just about the money - those 4 demerit points stay on your record for 3 years and can trigger licence suspension when combined with other traffic offences. Our lawyers regularly challenge mobile phone fines on technical grounds, question police evidence, and negotiate alternative penalties to protect your licence.

Without a lawyer, you're accepting whatever penalty the prosecution offers. With proper legal representation, you might avoid conviction entirely, reduce the penalty, or arrange a restricted licence if suspension threatens your employment. The $295 legal consultation fee often saves thousands in fines, lost income, and insurance increases.

Call 1300 636 846 now if you're approaching the 28-day deadline or already have 8+ demerit points.

What Happens Next - The Process

1. Receive infringement notice - You have 28 days from the issue date to respond, not from when you received it
2. Choose your response - Pay the fine (admits guilt), request a review, or elect to go to court
3. Court election - If you choose court, your matter goes to the Magistrates Court nearest where the offence occurred
4. First court appearance - Usually 6-8 weeks after election, you'll enter a plea of guilty or not guilty
5. Case preparation - If pleading not guilty, police must provide their evidence including photos, video, and officer statements
6. Hearing or sentencing - Contest the charge or present mitigation for penalty reduction
7. Outcome - Court can dismiss charges, reduce penalties, or impose the full fine plus court costs

Missing any deadline means you automatically lose the right to contest the charge. Courts show no mercy for late applications - we see people lose winnable cases simply because they missed the 28-day deadline.

The Law in Western Australia

Mobile phone driving offences fall under the Road Traffic (Administration) Act 2008 and the Road Traffic Code 2000. The penalties increased significantly in 2020 and again in 2023, reflecting the government's zero-tolerance approach to distracted driving.

Current penalties:

• First offence: $500 fine and 4 demerit points
• Second or subsequent offence: $600 fine and 5 demerit points
• In a school zone: Additional $100 penalty
• Double demerit periods: Points doubled (8-10 points total)

What's prohibited:

• Making or receiving calls without hands-free system
• Reading or sending texts, emails, or social media
• Taking photos or videos
• Using apps including GPS (unless mounted and voice-activated)
• Holding the phone for any purpose while driving
• Using phone while stopped at traffic lights or in traffic

What's allowed:

• Hands-free calls through Bluetooth or mounted cradle
• Voice-activated GPS if phone is mounted
• Using phone when parked (engine off, out of traffic)
• Emergency calls to 000, 112, or 106

The law catches many drivers by surprise - you can be fined for using your phone while stopped at traffic lights or even for touching it to skip a song. Police don't need to prove you were making a call; simply holding the device is enough.

Mistakes to Avoid

1. Assuming hands-free means penalty-free: Even hands-free systems can result in fines if you're adjusting settings or typing while driving. We've seen clients fined for programming GPS coordinates while the car was moving, even with the phone properly mounted.

2. Admitting guilt to police: Saying "I was just changing songs" or "It was an emergency" gives police perfect evidence for court. Our clients who stayed silent during the traffic stop often have better defence options than those who tried to explain their actions.

3. Paying the fine immediately: Once you pay, you've admitted guilt and cannot challenge the charge later. We regularly win cases where clients initially wanted to "just pay and move on" but came to us first. Those 4 demerit points could cost you your licence down the track.

4. Ignoring the 28-day deadline: Courts will not extend this deadline except in extraordinary circumstances. We've seen clients lose strong defences simply because they thought about it for too long. The moment you receive the infringement, call us.

5. Representing yourself in court: Magistrates hear dozens of mobile phone cases weekly. They know every excuse and rarely accept self-represented arguments they've heard countless times. Our lawyers know which technical defences actually work and how to present mitigation that magistrates respect.

Likely Outcomes and Costs

Without a lawyer:

• Full fine ($500-600) plus 4-5 demerit points
• Potential licence suspension if you accumulate 12+ points
• Increased insurance premiums for 3-5 years
• Conviction recorded on your traffic history

With professional legal representation:

• 20-30% chance of complete dismissal on technical grounds
• 40-50% chance of reduced penalty through effective mitigation
• Possible work licence if suspension occurs
• No conviction recorded in some circumstances

Our success stories include:

• Dismissal where police couldn't prove driver was using phone vs passenger
• Successful challenges to defective camera evidence
• Reduced penalties for drivers with clean records
• Work licences preserving employment for suspended drivers

Legal costs:

• Fixed-fee consultation to assess your case
• Court representation from $1,500-3,500 depending on complexity
• Urgent same-day advice available for deadline situations

Consider that licence suspension costs the average worker $15,000-25,000 in lost income, plus job security risks. The legal fee is insurance against far worse financial consequences.

How Go To Court Lawyers Can Help

As Australia's largest legal service with over 800+ lawyers nationwide, Go To Court Lawyers handles more mobile phone driving cases than any other firm. Our WA team appears in Perth Magistrates Court, Fremantle, Midland, Joondalup, and regional courts daily - we know every magistrate, prosecutor, and local court procedure.

Our track record speaks for itself:

• 4.5-star rating from 780+ genuine client reviews
• Operating successfully since 2010 across every state and territory
• Fixed-fee consultation with no hidden costs
• 24/7 hotline for urgent deadline situations
• Same-day appointments available for time-critical cases

We handle everything:

• Reviewing police evidence for technical defects
• Challenging camera accuracy and officer observations
• Negotiating with prosecutors for reduced charges
• Presenting compelling mitigation to minimise penalties
• Applying for work licences if suspension occurs
• Advising on demerit point strategies to protect your licence

Don't let a moment's distraction cost you your licence and livelihood. Our clients often tell us they wish they'd called sooner instead of worrying about the problem for weeks.

Take action now:

• Call our 24/7 hotline: 1300 636 846
• Book online: gotocourt.com.au/book
• Request urgent help if your deadline is approaching

With only 28 days to respond and your licence on the line, waiting is the worst decision you can make. Call 1300 636 846 now - our experienced WA lawyers are ready to protect your licence and your future.