ST was charged for ‘Driving whilst using a mobile phone’, contrary to section 300 of the Road Rules 2014. ST pleaded not guilty to the offence and retained Chris Cole to represent him at his Hearing.
At his Hearing, the police tendered their materials including a photo taken by a mobile phone detection camera. Chris called ST to give evidence as to the identification of the item he was shown holding in the photographic evidence. Chris made submissions that the Magistrate could not find ‘beyond reasonable doubt’ that what ST was holding was in fact a mobile phone. Ultimately, the Magistrate agreed and found ST ‘not guilty’ of the offence and the matter was dismissed.