We all know that distracted driving is a huge problem on our roads.

We've seen the tragic consequences of it time and time again, so we're already well aware that there's no excuse for not paying attention to the task at hand when we're behind the wheel.

However, sometimes people do make mistakes. So what happens when you're caught out? Is there any leniency?

As one driver in Brisbane recently found out, the answer is usually a resounding 'no', especially if you've been caught red-handed with your hands off the wheel.

The woman in question posted to Facebook recently asking for advice from other users after she was hit with a hefty $1000 fine for using her mobile phone while driving – even though she claims she wasn't using her phone at all.

One woman plans to contest her fine because she was not holding a 'phone' while driving. Credit: Facebook.

The driver explained that she had been using a rolling machine to roll a cigarette while driving down the Western Freeway at Mount Coot-Tha when she was pulled over and given the fine.

In the image she included with her post, we can see that she is holding an unknown object in her hand while neither of her hands are on the wheel.

'Would you take this to court?' the motorist asked Facebook users alongside the photo.

The fine she received stated that she had been holding a mobile phone or resting it on her body, but as she explained, it actually wasn't a phone - it was a rolling machine.

'You can clearly see it's not a phone,' she said.

On October 12, she was caught on camera at Mount Coot-Tha on the Western Freeway. Credit: Google Maps.

In Queensland, using a mobile phone while driving carries a fine of $1,078 and four demerit points, so it's little wonder she was so upset at receiving the fine.

Many people who saw her post were quick to point out that she probably wasn't going to have much luck getting out of the fine, as she was technically still driving while distracted.

'You will still likely get done for driving while distracted and possibly more since it appears neither of your hands are on the steering wheel correctly,' one person wrote.

'Which would amount to dangerous operation of a motor vehicle,' another said.

However, the driver hit back, claiming her issue was in the details.

'I agree completely [that] I'm not innocent by a long shot, and I don't claim to be,' she wrote. 'But it's not a phone, so I'm being fined for the wrong thing. I can't be charged for something I didn't do.'

People agreed and urged the driver to fight the ticket, and some even said they had been able to successfully appeal their own fines.

'The fine is for driving using a mobile, they can't actually fine you for anything else,' one person wrote. 'I'd be arguing it.'

'Go fight it,' someone else commented. 'Love to see the outcome!'

Tip

It's better to play it safe and wait until you're parked before using anything that will cause you to take your hands off the wheel, as laws against distracted driving vary from state to state.

According to Queensland's Department of Transport and Main Roads (TMR), drivers who believe they were unfairly penalised for an offence can inspect a high-resolution photograph of the ticket through the TMR portal.

'The camera's images are filtered by Artificial Intelligence software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed,' said a spokesperson.

So, members, what do you think? Should this driver pay the fine, or do you think she has a solid case for contesting it? Let us know your thoughts in the comments.

And while we're still talking about driving while distracted, here are some of the most common distractions that drivers face when they're out on the road; be aware of them!

Credit: Road Sense Australia.​

 

[RTS]

I actually think that a cigarette rolling machine would be worst than a mobile phone

Yes, it takes both hands and concentration to use a cigarette rolling machine. My Grandfather had one and showed me how to use it.

 

[Elbe]

I wonder when everyone who gets into a car or on a bike will ever realise they are risking their life every second. Anything else which kills & maims so many people would have been banned or restricted by now but sadly, most think nothing of jumping into/onto a vehicle simply because it is so familiar. It actually needs to be as onerous as getting a pilot's licence because of the great risk involved - to driver/rider and all other road users. But, all the laws in the land do not, and will not, stop stupid behaviour while in control of a vehicle. I find it terribly sad that woman does not see that admitting to using a bloody rolling machine while in charge of a lethal weapon is as bad, if not worse, than a phone ..... but then again, as a smoker, she already shows disregard for her life and others.

 

[Riorita]

We all know that distracted driving is a huge problem on our roads.

We've seen the tragic consequences of it time and time again, so we're already well aware that there's no excuse for not paying attention to the task at hand when we're behind the wheel.

However, sometimes people do make mistakes. So what happens when you're caught out? Is there any leniency?

As one driver in Brisbane recently found out, the answer is usually a resounding 'no', especially if you've been caught red-handed with your hands off the wheel.

The woman in question posted to Facebook recently asking for advice from other users after she was hit with a hefty $1000 fine for using her mobile phone while driving – even though she claims she wasn't using her phone at all.

View attachment 8090

One woman plans to contest her fine because she was not holding a 'phone' while driving. Credit: Facebook.

The driver explained that she had been using a rolling machine to roll a cigarette while driving down the Western Freeway at Mount Coot-Tha when she was pulled over and given the fine.

In the image she included with her post, we can see that she is holding an unknown object in her hand while neither of her hands are on the wheel.

'Would you take this to court?' the motorist asked Facebook users alongside the photo.

The fine she received stated that she had been holding a mobile phone or resting it on her body, but as she explained, it actually wasn't a phone - it was a rolling machine.

'You can clearly see it's not a phone,' she said.

View attachment 8091

On October 12, she was caught on camera at Mount Coot-Tha on the Western Freeway. Credit: Google Maps.

In Queensland, using a mobile phone while driving carries a fine of $1,078 and four demerit points, so it's little wonder she was so upset at receiving the fine.

Many people who saw her post were quick to point out that she probably wasn't going to have much luck getting out of the fine, as she was technically still driving while distracted.

'You will still likely get done for driving while distracted and possibly more since it appears neither of your hands are on the steering wheel correctly,' one person wrote.

'Which would amount to dangerous operation of a motor vehicle,' another said.

However, the driver hit back, claiming her issue was in the details.

'I agree completely [that] I'm not innocent by a long shot, and I don't claim to be,' she wrote. 'But it's not a phone, so I'm being fined for the wrong thing. I can't be charged for something I didn't do.'

People agreed and urged the driver to fight the ticket, and some even said they had been able to successfully appeal their own fines.

'The fine is for driving using a mobile, they can't actually fine you for anything else,' one person wrote. 'I'd be arguing it.'

'Go fight it,' someone else commented. 'Love to see the outcome!'

Tip

It's better to play it safe and wait until you're parked before using anything that will cause you to take your hands off the wheel, as laws against distracted driving vary from state to state.

According to Queensland's Department of Transport and Main Roads (TMR), drivers who believe they were unfairly penalised for an offence can inspect a high-resolution photograph of the ticket through the TMR portal.

'The camera's images are filtered by Artificial Intelligence software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed,' said a spokesperson.

So, members, what do you think? Should this driver pay the fine, or do you think she has a solid case for contesting it? Let us know your thoughts in the comments.

And while we're still talking about driving while distracted, here are some of the most common distractions that drivers face when they're out on the road; be aware of them!

Credit: Road Sense Australia.​

She is wrong...fine for sure......no phones or cigarette roller (should have done them before she left home )

 

[Maurie7]

Pay the fine, if she goes to court hopefully she'll incur hefty court costs as well. Regardless of what she was doing she's not concentrating on the road.

 

[Maaaaaa]

A young lady was fined in WA recently for eating her breakfast while driving, they explained that eating, drinking etc. comes under the same law as the mobile phone, you either have 1/2 hands off the steering wheel and only concentrating on what you are doing with your hand/hands and not on the road. Would all you people that are encouraging her to take it to Court feel the same if an innocent person had been badly injured or killed because she believes that it's her right to roll a cigarette with both hands off the steering wheel. You lose concentration, you lose control, people die in a split second from drivers that become distracted. So, no, you deserve everything you get plus some, you are a danger to pedestrians and road users alike. As a member mentioned before "roll before you drive " if you need to smoke while driving.

 

[Startrekker58]

Yeah it’s not a phone allegedly but it’s still distracted driving. If you’re rich enough you might get away with it. Get a good lawyer to argue your case hope you win and all costs are awarded to the other party. But even if you win and you bear your own costs you’re probably going to pay more for the lawyer than the fine itself. Good luck going that way plus the time it will take to prepare your case and attend the hearing.

 

[Dennis]

I shudder to think about if one of the front wheels hit a pothole with no hands on the steering wheel, how many innocent people would have been involved.

 

[Jakepuss]

Clearly this woman was committing a really stupid act and deserves to be punished however, if the state is imposing huge penalties for these offences then it’s incumbent upon those issuing the fines that they get it correct. With the benefit of high resolution imaging it would have been obvious the device was not a phone and accordingly the woman, in my opinion, should contest the offence.
the traffic infringements imposed have recently been increased to a disproportionate level when compared to many other criminal offences.
for instance, having a seat belt incorrectly fastened will attract a penalty of more than $1,000, similarly a phone anywhere on your person.
A recent example of a drink driving offence when contested received a month cancellation and $200 and a charge against a former NRL player of smashing a glass on a woman’s head causing lacerations received a $600 fine. How is it possible that sipping a drink while driving is a very similar penalty as smashing a glass on someone’s head?
the new traffic offence penalties are an indication of an administration out of touch with both the judiciary and the publics expectations.
What is the degree of distraction of a person using their phone while placed on their knee compared to a person using their phone whilst placed in the container next to them? I suggest there is no difference yet one act is illegal and attracts a fine of more than $1,000 and the other is perfectly legal.

These red governments make Putin look like an angel.

 

[glennm257]

We all know that distracted driving is a huge problem on our roads.

We've seen the tragic consequences of it time and time again, so we're already well aware that there's no excuse for not paying attention to the task at hand when we're behind the wheel.

However, sometimes people do make mistakes. So what happens when you're caught out? Is there any leniency?

As one driver in Brisbane recently found out, the answer is usually a resounding 'no', especially if you've been caught red-handed with your hands off the wheel.

The woman in question posted to Facebook recently asking for advice from other users after she was hit with a hefty $1000 fine for using her mobile phone while driving – even though she claims she wasn't using her phone at all.

View attachment 8090

One woman plans to contest her fine because she was not holding a 'phone' while driving. Credit: Facebook.

The driver explained that she had been using a rolling machine to roll a cigarette while driving down the Western Freeway at Mount Coot-Tha when she was pulled over and given the fine.

In the image she included with her post, we can see that she is holding an unknown object in her hand while neither of her hands are on the wheel.

'Would you take this to court?' the motorist asked Facebook users alongside the photo.

The fine she received stated that she had been holding a mobile phone or resting it on her body, but as she explained, it actually wasn't a phone - it was a rolling machine.

'You can clearly see it's not a phone,' she said.

View attachment 8091

On October 12, she was caught on camera at Mount Coot-Tha on the Western Freeway. Credit: Google Maps.

In Queensland, using a mobile phone while driving carries a fine of $1,078 and four demerit points, so it's little wonder she was so upset at receiving the fine.

Many people who saw her post were quick to point out that she probably wasn't going to have much luck getting out of the fine, as she was technically still driving while distracted.

'You will still likely get done for driving while distracted and possibly more since it appears neither of your hands are on the steering wheel correctly,' one person wrote.

'Which would amount to dangerous operation of a motor vehicle,' another said.

However, the driver hit back, claiming her issue was in the details.

'I agree completely [that] I'm not innocent by a long shot, and I don't claim to be,' she wrote. 'But it's not a phone, so I'm being fined for the wrong thing. I can't be charged for something I didn't do.'

People agreed and urged the driver to fight the ticket, and some even said they had been able to successfully appeal their own fines.

'The fine is for driving using a mobile, they can't actually fine you for anything else,' one person wrote. 'I'd be arguing it.'

'Go fight it,' someone else commented. 'Love to see the outcome!'

Tip

It's better to play it safe and wait until you're parked before using anything that will cause you to take your hands off the wheel, as laws against distracted driving vary from state to state.

According to Queensland's Department of Transport and Main Roads (TMR), drivers who believe they were unfairly penalised for an offence can inspect a high-resolution photograph of the ticket through the TMR portal.

'The camera's images are filtered by Artificial Intelligence software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed,' said a spokesperson.

So, members, what do you think? Should this driver pay the fine, or do you think she has a solid case for contesting it? Let us know your thoughts in the comments.

And while we're still talking about driving while distracted, here are some of the most common distractions that drivers face when they're out on the road; be aware of them!

Credit: Road Sense Australia.​

driving with both hands off the steering wheel is dangerous no matter what the reason
you could cause injury, death or destruction to property
How many times has this person done this and gets caught once maybe a few more times will teach her not to do this or anyone else. Glenn

 

[JustPat]

I agree with so many of the other posters she was the driver of a car on the freeway and she should have had her hands on the wheel, a fine was fully justified. If she was so desperate for a cigarette that she had to roll one why driving maybe she should look at giving up.

 

[Ezzy]

The old adage, 'Do the crime, do the time' sort of applies here. She has already admitted to driving in a dangerous manner so l see no point in court action. She does not have my sympathy. I haven't seen one of these devices for about 45 years but the person who had it rolled several at a time in his spare time to avoid down time or a need to do this when he shouldn't. Perhaps the policeman knew she was distracted & thought she was using a mobile phone. In the photo she appeared to be looking down.

As an apprentice l travelled with a gent who rolled a cigarette everyday as he drove, held his hands up & placed his large tummy against the steering wheel to stabilise the car. Still illegal then but the steering wheel was not free. In the case of the lady, should she hit something on the road there is the possibility her car can stray.

What speed was she doing, 60, 70, 80 km or more? Challenge this & perhaps she will lose her licence!!!

 

[Baz1960]

Do you think that the rising road toll may have something to do with a huge increase of road users, vey low standards for getting your licence, if fact you don't even have to speak English which is so wrong to begin with. The roads are in state of disrepair with pot holes that you could just about loose your car in. Top that off with police that have "targets" to make with fines and an ego problem.
What could possibly go wrong?

Many solutions are needed

 

[Tipsy]

We all know that distracted driving is a huge problem on our roads.

We've seen the tragic consequences of it time and time again, so we're already well aware that there's no excuse for not paying attention to the task at hand when we're behind the wheel.

However, sometimes people do make mistakes. So what happens when you're caught out? Is there any leniency?

As one driver in Brisbane recently found out, the answer is usually a resounding 'no', especially if you've been caught red-handed with your hands off the wheel.

The woman in question posted to Facebook recently asking for advice from other users after she was hit with a hefty $1000 fine for using her mobile phone while driving – even though she claims she wasn't using her phone at all.

View attachment 8090

One woman plans to contest her fine because she was not holding a 'phone' while driving. Credit: Facebook.

The driver explained that she had been using a rolling machine to roll a cigarette while driving down the Western Freeway at Mount Coot-Tha when she was pulled over and given the fine.

In the image she included with her post, we can see that she is holding an unknown object in her hand while neither of her hands are on the wheel.

'Would you take this to court?' the motorist asked Facebook users alongside the photo.

The fine she received stated that she had been holding a mobile phone or resting it on her body, but as she explained, it actually wasn't a phone - it was a rolling machine.

'You can clearly see it's not a phone,' she said.

View attachment 8091

On October 12, she was caught on camera at Mount Coot-Tha on the Western Freeway. Credit: Google Maps.

In Queensland, using a mobile phone while driving carries a fine of $1,078 and four demerit points, so it's little wonder she was so upset at receiving the fine.

Many people who saw her post were quick to point out that she probably wasn't going to have much luck getting out of the fine, as she was technically still driving while distracted.

'You will still likely get done for driving while distracted and possibly more since it appears neither of your hands are on the steering wheel correctly,' one person wrote.

'Which would amount to dangerous operation of a motor vehicle,' another said.

However, the driver hit back, claiming her issue was in the details.

'I agree completely [that] I'm not innocent by a long shot, and I don't claim to be,' she wrote. 'But it's not a phone, so I'm being fined for the wrong thing. I can't be charged for something I didn't do.'

People agreed and urged the driver to fight the ticket, and some even said they had been able to successfully appeal their own fines.

'The fine is for driving using a mobile, they can't actually fine you for anything else,' one person wrote. 'I'd be arguing it.'

'Go fight it,' someone else commented. 'Love to see the outcome!'

Tip

It's better to play it safe and wait until you're parked before using anything that will cause you to take your hands off the wheel, as laws against distracted driving vary from state to state.

According to Queensland's Department of Transport and Main Roads (TMR), drivers who believe they were unfairly penalised for an offence can inspect a high-resolution photograph of the ticket through the TMR portal.

'The camera's images are filtered by Artificial Intelligence software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed,' said a spokesperson.

So, members, what do you think? Should this driver pay the fine, or do you think she has a solid case for contesting it? Let us know your thoughts in the comments.

And while we're still talking about driving while distracted, here are some of the most common distractions that drivers face when they're out on the road; be aware of them!

Credit: Road Sense Australia.​

eating and drinking is also a distraction from what should be the MOST important thing that you are doing when in control of a motor vehicle.... And that getting from A to B as safe as possible not only for ones self but others around you including pedestrians or even people in their yards of homes surrounding the roads..... if you cant do that then stop driving completely....

 

[Ian Crane-Luff]

Technically you are right, however, You committed an offence so they can recharge you correctly from the photo and your admission so they will get the fine money either way.

 

[Nuggett7]

We all know that distracted driving is a huge problem on our roads.

We've seen the tragic consequences of it time and time again, so we're already well aware that there's no excuse for not paying attention to the task at hand when we're behind the wheel.

However, sometimes people do make mistakes. So what happens when you're caught out? Is there any leniency?

As one driver in Brisbane recently found out, the answer is usually a resounding 'no', especially if you've been caught red-handed with your hands off the wheel.

The woman in question posted to Facebook recently asking for advice from other users after she was hit with a hefty $1000 fine for using her mobile phone while driving – even though she claims she wasn't using her phone at all.

View attachment 8090

One woman plans to contest her fine because she was not holding a 'phone' while driving. Credit: Facebook.

The driver explained that she had been using a rolling machine to roll a cigarette while driving down the Western Freeway at Mount Coot-Tha when she was pulled over and given the fine.

In the image she included with her post, we can see that she is holding an unknown object in her hand while neither of her hands are on the wheel.

'Would you take this to court?' the motorist asked Facebook users alongside the photo.

The fine she received stated that she had been holding a mobile phone or resting it on her body, but as she explained, it actually wasn't a phone - it was a rolling machine.

'You can clearly see it's not a phone,' she said.

View attachment 8091

On October 12, she was caught on camera at Mount Coot-Tha on the Western Freeway. Credit: Google Maps.

In Queensland, using a mobile phone while driving carries a fine of $1,078 and four demerit points, so it's little wonder she was so upset at receiving the fine.

Many people who saw her post were quick to point out that she probably wasn't going to have much luck getting out of the fine, as she was technically still driving while distracted.

'You will still likely get done for driving while distracted and possibly more since it appears neither of your hands are on the steering wheel correctly,' one person wrote.

'Which would amount to dangerous operation of a motor vehicle,' another said.

However, the driver hit back, claiming her issue was in the details.

'I agree completely [that] I'm not innocent by a long shot, and I don't claim to be,' she wrote. 'But it's not a phone, so I'm being fined for the wrong thing. I can't be charged for something I didn't do.'

People agreed and urged the driver to fight the ticket, and some even said they had been able to successfully appeal their own fines.

'The fine is for driving using a mobile, they can't actually fine you for anything else,' one person wrote. 'I'd be arguing it.'

'Go fight it,' someone else commented. 'Love to see the outcome!'

Tip

It's better to play it safe and wait until you're parked before using anything that will cause you to take your hands off the wheel, as laws against distracted driving vary from state to state.

According to Queensland's Department of Transport and Main Roads (TMR), drivers who believe they were unfairly penalised for an offence can inspect a high-resolution photograph of the ticket through the TMR portal.

'The camera's images are filtered by Artificial Intelligence software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed,' said a spokesperson.

So, members, what do you think? Should this driver pay the fine, or do you think she has a solid case for contesting it? Let us know your thoughts in the comments.

And while we're still talking about driving while distracted, here are some of the most common distractions that drivers face when they're out on the road; be aware of them!

Credit: Road Sense Australia.​

Wether it was a phone or a cigarette roller why didn't she just pull over and roll the all important smoke maybe next time she will wait It really hurts the pocket she deserves what she gets Give up

 

[BRIAN KK]

nit picking. At the very least you should be charged with distracted driving. NO HANDS AT ALL ON THE WHEEL, come on...Worse offence than using a phone, wake up.

 

[orange]

Wether this Driver was DISTRACTED by a Mobile Phone or anything else her actions could
have caused an innocent life being taken so I do not feel sorry for her She deserves the
Fine this I hope will be a lesson to others on the Road as well .

 

[JustPat]

Phone or rolling machine she should not have been doing it, maybe a good reason to give up smoking.