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.​

 

[Defiant540]

she should own up to the fine! regardless of what she was holding her hands were off the steering wheel and she was distracted and STOP penny pinching!

 

[Dutchy1942]

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.

 

[Ricci]

Do the crime, pay the fine! Ok so it might or might not be a phone but even she says she was guilty of not driving safely. She had no hands on the wheel and was distracted doing something else, it's all semantics. This time it may have been a cigarette rolling machine but what about next time or the time after,

 

[LeslieD]

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.​

Regardless if she was using her phone or rolling a cigarette. She was distracted when driving. Pay the fine!!!

 

[Suzanne rose]

Regardless what she had in her hand she had her hands off the steering wheel.

So yes she deserved the fine and any demerit points as well

My daughter is a teacher and a couple years ago a mother driving her kids to school drove into the school and straight into a classroom next to my daughters class.
Two children were killed and many injured.
This mother used to take her kids to school late every day and was told not to drive into the school. There was a huge sign saying no entry. Sadly this particular day there were workman there and they left the gate opened.
She was seen using her mobile at the time of the accident yet she said she bent down as she dropped a bottle and put her foot on the accelerater rather than the brake and went straight into the classroom.

 

[AndrewV]

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.​

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.​

Challenge the fine on the specific details of the Expiation Notice.

 

[Staffordshire Whippet]

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.​

Take it to Court, if you can afford the fine, Court Costs and solicitor; you might win. Otherwise, suck it up and count yourself lucky that you didn't attract attention to yourself by having a prang.

 

[Craftingnonna]

Fine, it was a cigarette rolling machine. What about the fact that her hands weren’t on the steering wheel? I’m sure to safely control a car you need both Hans on the wheel.
If I were the judge I’d fine her $2000 for endangerment. Simple as that.

 

[Yogi1955]

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

The real issue at law is the potential consequence of the action in question.
We can all find ways of justifying ourselves based on the semantics - words used to describe the actions.
But the potential consequence of distracted driving - whether due to using a mobile phone, eating and drinking, or using a cigarette rolling machine - are significant, and potentially more drastic than someone hitting another on the head with a glass.
The laws are meant to keep all in society safe from the thoughtless and careless, and sometimes blatantly selfish, actions of a few.
But it's impossible for the laws to keep up with the ginormous range of thoughtless, foolish, careless and selfish actions of people. And the world could not contain the volumes that would be required to cover every possible instance that might arise.
Suck it up, pay the fine, and think about how you're putting others at risk by your probably thoughtless, but definitely selfish, actions. You could have pulled over - to use a phone or roll a smoke, or you could have waited till you reached your destination. But you selfishly gave control over to your 'habit', thereby putting others at risk.

 

[Januvia1952]

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.​

 

[Januvia1952]

The real issue at law is the potential consequence of the action in question.
We can all find ways of justifying ourselves based on the semantics - words used to describe the actions.
But the potential consequence of distracted driving - whether due to using a mobile phone, eating and drinking, or using a cigarette rolling machine - are significant, and potentially more drastic than someone hitting another on the head with a glass.
The laws are meant to keep all in society safe from the thoughtless and careless, and sometimes blatantly selfish, actions of a few.
But it's impossible for the laws to keep up with the ginormous range of thoughtless, foolish, careless and selfish actions of people. And the world could not contain the volumes that would be required to cover every possible instance that might arise.
Suck it up, pay the fine, and think about how you're putting others at risk by your probably thoughtless, but definitely selfish, actions. You could have pulled over - to use a phone or roll a smoke, or you could have waited till you reached your destination. But you selfishly gave control over to your 'habit', thereby putting others at risk.

This is being used as revenue raising. A person was fined for having their phone charging cable on her thigh. No phone in photo.

 

[kangie 56]

she should own up to the fine! regardless of what she was holding her hands were off the steering wheel and she was distracted and STOP penny pinching!

the law is about technicalities so technically she's correct. However driving in such a manner is horrible. If she fights it, she will most likely get off, unfortunately.

 

[Suzanne rose]

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

 

[Yogi1955]

This is being used as revenue raising. A person was fined for having their phone charging cable on her thigh. No phone in photo.

Different issue.
This woman admits she was driving while distracted - just by rolling a cigarette rather than using a phone.
I wonder if you'd think differently if you or one of your loved ones had been injured or killed by her thoughtless actions.

 

[Dorothy Kay]

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.​

Does it really matter what you were holding you had your hands off the wheel and weren't paying attention man up pay the fine

 

[@valentid1960]

Yes she should pay the fine. It doesn’t matter if she was using the phone at the time or not at the time. There are plenty of phone cradles out now that she could use.

 

[goodmorning]

isn't it a fine for eating because your hands are on the starring wheel if you take it to court you my find yourself worse off with a bigger fine and the court costs at the end of the day you were doing wrong while behind the wheel of a car that was moving you are mincing word with the object

 

[Rita Mcnamara]

This is being used as revenue raising. A person was fined for having their phone charging cable on her thigh. No phone in photo.

 

[Gilly55]

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.

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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.

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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.​

I do agree that it's not a phone she still had her hands off the wheel
Maybe you should of rolled before you left home