Woman fined $1,000 for driving while on a mobile complains that she wasn’t on the phone – but other drivers have ZERO sympathy when they find out what she was holding
- Queensland mum considers challenging fine for using phone in car from photo
- She was actually using her cigarette rolling machine, not a mobile phone
- People didn’t think her $1,078 fine and four demerit points would be reversed
A female driver wanting to challenge a big fine for driving while holding a phone on a technicality has received little sympathy from other motorists.
The Queensland mum received a penalty notice after a photo from the Brisbane traffic camera showed her hands off the steering wheel and a rectangular object in her left hand.
The woman took to social media to ask whether others would challenge the fine in her situation – admitting she was actually holding her cigarette rolling machine, not a phone.
A Brisbane mum wanting to challenge a big fine for driving while holding a phone on a technicality has received little sympathy from other motorists
A huge surveillance network of mobile phone detection cameras have been rolled out across Australia, dramatically increasing the number of people being caught for touching their phones
The fine for driving while holding a phone is $1,078 and four demerit points in Queensland.
The penalty still applies if the phone is even resting on any part of your body, even if it’s switched off.
A huge surveillance network of mobile phone detection cameras have been rolled out across Australia, dramatically increasing the number of people being caught.
In NSW it has been reported that the new technology has brought an additional $61 million into government accounts – without necessarily saving lives.
‘Would you take this to court?’ the woman asked in a public Facebook group about traffic camera locations.
‘The fine says holding a mobile or testing on the body. However it’s not actually a phone.
‘I’m taking my smoke out of the rolling machine. You can clearly see it’s not a phone.’
While some Facebook users said challenging the fine was ‘worth a go’, most did not agree.
‘Your hands are off the wheel,’ one person wrote. ‘You deserve every dollar of this fine.’
‘To tell a judge it’s a rolling machine not a phone isn’t gonna help your case. A judge may not see it as innocent,’ a woman replied.
The driver pointed out she wasn’t rolling a cigarette when pinged by the camera on the western freeway at Mount Coo-Tha, Brisbane and did have a ‘pre-made’ smoke lined up
‘You still rolling a smoke being distracted whilst driving.’
One commenter claimed using a rolling machine was still distracting and that she had first-hand experience.
‘My ex hit three cars while rolling a smoke. He’s up for over $40,000 worth of damages.’
But the driver pointed out she wasn’t rolling a cigarette when pinged by the camera on the western freeway at Mount Coo-Tha west of Brisbane, and did have a ‘pre-made’ smoke lined up.
She remained focused on whether she could fight the fine over a literal interpretation of the law.
‘Yeah I had something in my hand but it was a phone no it wasn’t. So I can’t be charged for something I didn’t do,’ she said.
‘I agree completely I’m not innocent by a long shot and I don’t claim to be. But it’s not a phone.
‘If I’m being fined at least they can fine me for the correct offence.’
But she wasn’t getting much support in the group that exists to help people with problems related to traffic cameras.
‘If you take it to court they’ll ping you for your seatbelt too. Honestly just pay the fine, you may end up worse off,’ another woman warned.
Another pointed out that no matter what she was doing, a judge might still see her actions as ‘dangerous operation of a motor vehicle’.
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