An Aussie woman is disputing her $1000 driving offence, but some people think she deserved it – do you agree?
- Replies 57
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.
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.
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!'
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'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.
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.
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.
'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.