Outrageous Fine Overturned: Learn How This Driver Turned a $387 Penalty Into a $4000 Victory – You Could Too!

In a world where technology is increasingly intertwined with our daily lives, the rise of automated systems designed to enforce the law can sometimes lead to unexpected and unjust consequences. This was the stark reality faced by Sydney lawyer Merridy Gordon, who found herself on the receiving end of a hefty $387 fine and a loss of 10 demerit points for allegedly using her phone while driving. However, the supposed 'phone' in question was nothing more than a piece of banana bread, leading to a legal battle that turned the tables on the transport authorities.

Gordon's ordeal began on a routine drive home from Canberra along the M5 when mobile detection cameras mistakenly identified her as using a phone behind the wheel. The shock of receiving a notice in the mail about the fine and demerit points was only compounded by the fact that it was during a public holiday period, exacerbating the penalty.


Determined to clear her name, Gordon accessed the Transport for NSW (TfNSW) website to scrutinize the evidence against her. Upon enlarging the photos captured by the cameras, it became evident that the item in her lap was a square-shaped snack, not the rectangular form of a modern smartphone. Gordon's phone, encased in green, was actually tucked away beside her seat, far from her hands.


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Sydney lawyer was fined $387 and lost 10 points for using banana bread as a phone while driving. Credit: Shutterstock


In an attempt to resolve the matter, Gordon contacted TfNSW, explaining the mix-up and providing clear evidence that the item was indeed banana bread. However, the response she received was dismissive, leaving her no choice but to take the issue to court.


The courtroom scene was almost cinematic. As soon as the magistrate reviewed the photos, he recognized the discrepancy, noting the obvious difference in shape between the alleged device and a mobile phone. Despite the TfNSW representative's skepticism over the thickness of the banana bread, the magistrate sided with Gordon, stating that the department had failed to prove beyond reasonable doubt that she was using a phone.

The outcome was a resounding victory for Gordon. Not only was her fine dismissed and her demerit points reinstated, but the court also ordered TfNSW to reimburse her $4,000 in legal fees. This case highlighted the potential for automated systems to err and the importance of human oversight and common sense in law enforcement.

Transport for NSW, while not commenting on the specific case, defended the mobile phone detection camera program as a crucial tool for achieving the government's ambitious target of zero road fatalities by 2056. They emphasized the rarity of misidentification and the presence of multiple review processes to ensure accuracy.


Gordon's experience serves as a powerful reminder to all drivers that if you believe you've been wrongfully fined, it's worth fighting back. It's essential to review any evidence against you carefully and, if necessary, challenge the fine through the appropriate channels. Her story is not just one of personal vindication but a beacon of hope for those who feel overwhelmed by the might of institutional authority.

For our readers at the Seniors Discount Club, this tale is particularly pertinent. As we navigate the roads and the complexities of modern technology, it's crucial to stay informed and assertive. If you find yourself in a similar situation, remember Merridy Gordon's story and know that you have the right to contest any penalties you believe are unjust.
Key Takeaways
  • A Sydney lawyer was fined $387 and lost 10 demerit points for allegedly using a phone while driving, which was actually a piece of banana bread.
  • After challenging the fine in court with evidence, the magistrate ruled in her favour, noting that the item was clearly not a phone.
  • Transport for NSW (TfNSW) was ordered to pay the lawyer $4,000 in legal fees, and her fine was dismissed with demerit points reinstated.
  • Transport for NSW defended the mobile phone detection camera program as critical for road safety, despite the rare misidentification in this case.
We'd love to hear your thoughts and experiences on this topic. Have you or someone you know ever been wrongfully fined due to a technological error? Share your stories in the comments below, and let's discuss the ways we can support each other in ensuring fairness and justice on the road.
 
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If a mobile phone were sitting in one's lap whilst driving, how could it be being 'used'? It might possibly be on and there could be someone talking on it, but if one is driving and simply having a conversation with a passenger or a mobile phone sitting somewhere in the car, what is the problem? We are allowed to talk, aren't we, even when talking to our banana bread!
 
Whilst I do carry a mobile phone in my bag, it is turned off and only turned back on at the end of the day when returning home from work ...... in the unlikely event that it were to ring, it is ignored until I am safely home.
 
Unless one was sufficiently au fait with court and legal procedure, fighting such a charge would be prohibitively expensive,especially if you were a pensioner on limited means.Unfortunately for Transport NSW,they fined a lawyer.
 
Definitely. How many have not had the money to fight - there should be a intermediate representative before you have to fork out big bucks to prove you were not using or even touching a phone
 
If a mobile phone were sitting in one's lap whilst driving, how could it be being 'used'? It might possibly be on and there could be someone talking on it, but if one is driving and simply having a conversation with a passenger or a mobile phone sitting somewhere in the car, what is the problem? We are allowed to talk, aren't we, even when talking to our banana bread!

Yes, the lap.
Having just come from a thread where there was a goose going on about porn-fear, perhaps having a snapshot of one's crotch taken by government authorities on a surveillance camera is what they were scared of. Mmmn.

Tis a tad cringy. Good job it wasn't a stinking hot summers day, they might have snapped more than a banana bread.
 
I was under the impression that eating while driving was also illegal as you were not driving safely by not having both hands on the wheel. If I'm mistaken and you can eat the using your phone should be allowed too just not texting.
 
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I was under the impression that eating while driving was also illegal as you were not driving safely by not having both hands on the wheel. If I'm mistaken and you can eat the using your phone should be allowed too just not texting.
Driving a manual car, operating various motor vehicle functions such as indicators, wipers, GPS, climate control, etc., require the driver to drive one handed.
 
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How can one enjoy & digest food correctly whilst driving? We like to stop on our "Roadies" for abt 20 mins., or so, relax & enjoy our eats. There again, we're not in a rush to get to where we are going.
 

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