Senior driver hit with mobile phone fine, reveals he never owned one

In a world where technology is increasingly becoming a part of our daily lives, it's hard to imagine someone who has never owned or used a mobile phone.

But for 77-year-old Frank Singh, this is his reality.

Yet, in a bizarre twist of fate, Frank found himself slapped with a hefty fine for using a mobile phone while driving, despite allegedly never having owned one.



Frank's story began when he received a $362 fine from Revenue New South Wales, accusing him of a traffic offence he vehemently denied.

The evidence? Images captured by a mobile phone detection camera on the Pacific Motorway where he was holding an object in his left hand.


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A senior driver received a $362 mobile phone use while driving fine, but claimed he never owned nor used a mobile phone. Image source: A Current Affair, Frank Singh.


'I've never owned a mobile phone. I've never used a mobile phone. I thought “what a load of s**t”,' Frank said.

While Frank couldn't recall what he was holding in the pictures provided as evidence by Revenue NSW, he was adamant it wasn't a phone.

'I think it could be my wallet,' he suggested.



Ironically, Frank's friend, Kishori Breeze, had to step in to help him appeal, as the process required a mobile number and email address.

Breeze was confident that the misunderstanding would be easily resolved.

'You've got a fine for using a mobile phone while driving. You don’t have a mobile phone. Let’s just nip down to the office and get this fixed,' he said.

However, their astonishment grew when the review was rejected.



'He received a letter to say, yeah, we understand that you say that you don’t have a phone, but please go ahead and pay the fine anyway,' Breeze recounted.

'When Frank tried to say, “I don’t have a mobile phone, and I’ve never”…(the Byron Bay Magistrate) butt in and she said, “You do own a mobile phone.”'

Lawyer Richard Mitry explained that the typical attitude of innocence until proven guilty isn't always applied when it comes to traffic offences.

'It’s actually the other way around with most traffic offences,' Mitry said.

'So, in this case, you’ve assumed that you’ve done the wrong thing based on the fact that a camera snapped you, and the camera thought you were doing the wrong thing.'

In a surprising turn of events, Frank's fine was later cancelled without explanation, and he is no longer required to appear in court, according to A Current Affair.
Key Takeaways
  • A pensioner named Frank Singh was fined for using a mobile phone while driving, but he claimed he never owned or used one.
  • Images from a mobile phone detection camera showed Frank holding something in his hand, which he believed could have been his wallet.
  • Despite his appeal, Frank's fine was initially upheld.
  • The fine was ultimately cancelled without explanation, and Frank is no longer required to appear in court.
Have you or someone you know ever been wrongly accused of a traffic offence? Share your stories in the comments below.
 
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Get off the road Frank. You are clearly driving with undue care. Looks like a mobile phone to me. If it is not a mobile phone then you look like you are trying to read something. Its funny how you can't remember what you are holding and focusing your attention on. The Police should have another look at the picture and issue another fine.
 
Doesn't matter whether it was a phone or not, his eyes weren't on the road while he was driving, the fine should have been paid!
I disagree, the charge is wrong. Never accept punishment for an incorrect charge. Change the charge, neg driving?
 
Given most of the comments about eyes on the road, it would suggest vehicles accessories such as car infotainment, climate control (AC), safety features such as as ADAS and GPS etc. should be rendered inoperable whilst the car is in motion.
All these things distract the motorist briefly.
Would they like that?
 
I was stopped by a policeman early one morning. He accused me of using a mobile phone whilst driving. I said no, I wasn't. He disagreed, he had seen me doing it. I asked politely if I could get out my car and retrieve my hand bag from the back seat. OK. My phone was in the bag and turned off. He said sorry but - I saw you talking on your phone....my answer , I was singing along with an Opera CD I was playing, my hand held up to stop the sun shining in my eyes. He didn't really apologise but he didn't give me a ticket.
P.S. I was driving at 40kph through a small country town at the time with nobody else around. I was fully aware of him coming along behind me and was well aware of my suurroundings.
 
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The lesson here is to drive and keep your eyes on the road, instead of holding something in your hand to be looking at. Especially driving on the motorway where there are often crazy drivers.
I agree.

The fine is for holding/using a mobile phone but:

1. The guilty and prove you're innocent is real;

2. The process of doing this will take you months and frustrate the hell out of you;

3. You might even have to engage a lawyer at significant $$$ cost;

4. In court, a magistrate has to accept your evidence and believe it was not a phone;

5. A magistrate could still condemn you for holding SOMETHING and use his/her discretion to still impose a (reduced maybe) fine.

Bottom line: Don't hold anything in your hand/s while you are driving.
 
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oh boy!!!! look at all these perfectionists who never do anything wrong.
It's not about not ever doing anything wrong. It is about being distracted.

Studies done by several insurers show a distraction of a few seconds can get you to leave your lane or hit the car in front.

I don't want that hassle caused by the distraction just because I'm driving in the next lane or because I happen to be in front of the distracted dropkick.

Is it worth it?

Just friggin wait till you get to where you're going or pull over and switch everything off/park.

Why's everyone in such a hurry, I thought retirement was for taking it easy?
 
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My husband was accused of parking in the wrong place and for too long in a carpark in town. He was not even in town on that day as he worked away from home. I rang the number on the fine notice we had received and luckily the person I spoke to actually knew myself and my husband and knew that my husband worked away from home. At that stage my husband was not even aware of the fine as he was still away working. The person I spoke to agreed that it was a mistake and was able to have it cancelled. It was only because he knew us personally that he was able to do this.
 
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Had to pick up my disabled flat mate from the bus stop having seats to wait and be seen. I couldn't see her there on arrival so got out of the car on the footpath and told me she was desperate to help her incontinence. She got in car sadly unsuccessful. We are both disabled elderly pensioners and my appeal was unsuccessful for $330 fine we can't afford. There's no humanity with revenue nsw
 
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A few years ago my son parked his car in the outer Brisbane region and after he came back , there was a note under the windscreen wiper that he had parked his car not correctly . He took a picture of the sign and his car and sent it off. His car was parked correctly , but he never heard anything , it just would be nice that they had apologised for their mistake . After all we are all humans .
they're always right, no matter what the circumstances, and magistrates are half the problem because they choose who they believe - and guess who they believe 99% of the time.
 
so a 1 second glance at something is a criminal offence now?
People seem to have ridiculous expectations these days. Even looking at street signs you have to take your eyes off the road.
 
Had to pick up my disabled flat mate from the bus stop having seats to wait and be seen. I couldn't see her there on arrival so got out of the car on the footpath and told me she was desperate to help her incontinence. She got in car sadly unsuccessful. We are both disabled elderly pensioners and my appeal was unsuccessful for $330 fine we can't afford. There's no humanity with revenue nsw
Australia still treats it's citizens like it's still a penal colony and we're all criminals. Innocent til proven guilty? I beg to differ.
 
I thought the idea was you kept both hands on the wheel, unless of course your bollocks or crotch gott itchy?.
It doesn't take 2 hands to steer a car even if it doesn't have power steering, which most do now. Indicate? Move one hand from the wheel. Ridiculous expectation, considering disabled people drive and don't necessarily have the strength to do what most people can. Considering a few years ago most drove with a smoke in one hand and the wheel in the other, are we now suddenly incapable of driving with one hand?
 

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