Woman uses bizarre argument to fight texting while driving fine - Here’s what happened

Distracted driving continues to be a major problem on our roads and it’s easy to understand why.

From buzzing phones and chirping notifications, it’s hard for some to ignore the call of these modern-day technology devices – even when they’re behind the wheel.



Of course, the consequences of texting and driving can be severe, so it pays to always be vigilant.

But what happened when one Sydney woman thought she was following the rules and was still slapped with a staggering $362 fine and loss of five demerits?

It turns out, she wasn’t actually guilty of texting and driving at all.

Members, this story is quite bizarre.


d9f65dd05cab65d14e9b52b9ce79f4ed

The woman was allegedly texting while driving along the Princes Highway in Tempe. Credit: NSW Transport.



According to reports, the woman was driving on the Princes Highway in Tempe when a speed camera photographed her using a mobile phone while behind the wheel.

However, upon closer inspection, it was revealed that she was actually holding onto a VTech Bluey Ring Ring toy phone belonging to her daughter. The toy phone, which retails for around $25, does not have the capability to make calls, access the internet, or send texts.



Under NSW legislation, using a mobile phone for video calling, texting, emailing, internet use or photography while driving, is strictly prohibited – unless the car is parked. But in this case, the woman wasn’t breaking the law by using the toy phone.

Regardless, the NSW Government warns that distractions, whether from inside or outside the vehicle, can divert a driver's attention from the road and significantly increase the likelihood of a crash.

Such distractions may include pets, passengers, radio or music, and mobile phones. Taking one's eyes off the road for as little as two seconds can double the risk of a crash or near miss.


76286ddef6ca5bcfbb9b7d1705b72689

The woman claimed that she was holding her daughter’s phone toy, which may be the reason why authorities think that she was texting while driving. Credit: Blue.



To mitigate the risk of distractions and ensure road safety, the NSW Government recommends several measures.

These include securing loose items in a bag or box, limiting the number of passengers and pets, silencing or keeping the mobile phone out of reach.



According to a Transport NSW spokesperson, Tara McCarthy, they would be reviewing the penalty notice against the woman, who was adamant she was not using her mobile phone and it was instead her daughter’s toy.

They said: ‘Transport for NSW will work with Revenue NSW to review the penalty notice in question.’

Key Takeaways
  • A woman is using a highly unusual defence to fight a massive fine she received for texting and driving.
  • She claims she had not been using a mobile phone, but instead was holding her child’s toy.
  • The toy phone is from the kids’ show Bluey and does not have any use as an actual mobile phone.
  • Transport NSW has stated that these types of mix-ups are 'unusual' and that they will review the penalty notice in question.




Penalties for texting while driving in Australia.jpg
A brief overview of the penalties that a driver may face for the offence of texting while driving. Credit: Seniors Discount Club.



Do you know anyone that’s been caught out using their phones while driving? Or maybe you’ve experienced a similar mix-up to the woman in this story? We’d love to hear your thoughts and experiences in the comments below!
 
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Distracted driving continues to be a major problem on our roads and it’s easy to understand why.

From buzzing phones and chirping notifications, it’s hard for some to ignore the call of these modern-day technology devices – even when they’re behind the wheel.



Of course, the consequences of texting and driving can be severe, so it pays to always be vigilant.

But what happened when one Sydney woman thought she was following the rules and was still slapped with a staggering $362 fine and loss of five demerits?

It turns out, she wasn’t actually guilty of texting and driving at all.

Members, this story is quite bizarre.


d9f65dd05cab65d14e9b52b9ce79f4ed

The woman was allegedly texting while driving along the Princes Highway in Tempe. Credit: NSW Transport.



According to reports, the woman was driving on the Princes Highway in Tempe when a speed camera photographed her using a mobile phone while behind the wheel.

However, upon closer inspection, it was revealed that she was actually holding onto a VTech Bluey Ring Ring toy phone belonging to her daughter. The toy phone, which retails for around $25, does not have the capability to make calls, access the internet, or send texts.



Under NSW legislation, using a mobile phone for video calling, texting, emailing, internet use or photography while driving, is strictly prohibited – unless the car is parked. But in this case, the woman wasn’t breaking the law by using the toy phone.

Regardless, the NSW Government warns that distractions, whether from inside or outside the vehicle, can divert a driver's attention from the road and significantly increase the likelihood of a crash.

Such distractions may include pets, passengers, radio or music, and mobile phones. Taking one's eyes off the road for as little as two seconds can double the risk of a crash or near miss.


76286ddef6ca5bcfbb9b7d1705b72689

The woman claimed that she was holding her daughter’s phone toy, which may be the reason why authorities think that she was texting while driving. Credit: Blue.



To mitigate the risk of distractions and ensure road safety, the NSW Government recommends several measures.

These include securing loose items in a bag or box, limiting the number of passengers and pets, silencing or keeping the mobile phone out of reach.



According to a Transport NSW spokesperson, Tara McCarthy, they would be reviewing the penalty notice against the woman, who was adamant she was not using her mobile phone and it was instead her daughter’s toy.

They said: ‘Transport for NSW will work with Revenue NSW to review the penalty notice in question.’

Key Takeaways

  • A woman is using a highly unusual defence to fight a massive fine she received for texting and driving.
  • She claims she had not been using a mobile phone, but instead was holding her child’s toy.
  • The toy phone is from the kids’ show Bluey and does not have any use as an actual mobile phone.
  • Transport NSW has stated that these types of mix-ups are 'unusual' and that they will review the penalty notice in question.




View attachment 14878
A brief overview of the penalties that a driver may face for the offence of texting while driving. Credit: Seniors Discount Club.



Do you know anyone that’s been caught out using their phones while driving? Or maybe you’ve experienced a similar mix-up to the woman in this story? We’d love to hear your thoughts and experiences in the comments below!
The woman is guilty of distraction while driving, no doubt about it. Her concentration has to be 100% on driving. She may as well do a little knitting while she drives ;)
 
Distracted driving continues to be a major problem on our roads and it’s easy to understand why.

From buzzing phones and chirping notifications, it’s hard for some to ignore the call of these modern-day technology devices – even when they’re behind the wheel.



Of course, the consequences of texting and driving can be severe, so it pays to always be vigilant.

But what happened when one Sydney woman thought she was following the rules and was still slapped with a staggering $362 fine and loss of five demerits?

It turns out, she wasn’t actually guilty of texting and driving at all.

Members, this story is quite bizarre.


d9f65dd05cab65d14e9b52b9ce79f4ed

The woman was allegedly texting while driving along the Princes Highway in Tempe. Credit: NSW Transport.



According to reports, the woman was driving on the Princes Highway in Tempe when a speed camera photographed her using a mobile phone while behind the wheel.

However, upon closer inspection, it was revealed that she was actually holding onto a VTech Bluey Ring Ring toy phone belonging to her daughter. The toy phone, which retails for around $25, does not have the capability to make calls, access the internet, or send texts.



Under NSW legislation, using a mobile phone for video calling, texting, emailing, internet use or photography while driving, is strictly prohibited – unless the car is parked. But in this case, the woman wasn’t breaking the law by using the toy phone.

Regardless, the NSW Government warns that distractions, whether from inside or outside the vehicle, can divert a driver's attention from the road and significantly increase the likelihood of a crash.

Such distractions may include pets, passengers, radio or music, and mobile phones. Taking one's eyes off the road for as little as two seconds can double the risk of a crash or near miss.


76286ddef6ca5bcfbb9b7d1705b72689

The woman claimed that she was holding her daughter’s phone toy, which may be the reason why authorities think that she was texting while driving. Credit: Blue.



To mitigate the risk of distractions and ensure road safety, the NSW Government recommends several measures.

These include securing loose items in a bag or box, limiting the number of passengers and pets, silencing or keeping the mobile phone out of reach.



According to a Transport NSW spokesperson, Tara McCarthy, they would be reviewing the penalty notice against the woman, who was adamant she was not using her mobile phone and it was instead her daughter’s toy.

They said: ‘Transport for NSW will work with Revenue NSW to review the penalty notice in question.’

Key Takeaways

  • A woman is using a highly unusual defence to fight a massive fine she received for texting and driving.
  • She claims she had not been using a mobile phone, but instead was holding her child’s toy.
  • The toy phone is from the kids’ show Bluey and does not have any use as an actual mobile phone.
  • Transport NSW has stated that these types of mix-ups are 'unusual' and that they will review the penalty notice in question.




View attachment 14878
A brief overview of the penalties that a driver may face for the offence of texting while driving. Credit: Seniors Discount Club.



Do you know anyone that’s been caught out using their phones while driving? Or maybe you’ve experienced a similar mix-up to the woman in this story? We’d love to hear your thoughts and experiences in the comments below!
Why we even covering this. The fine is for distracted driving. Which covers a myriad of distractions. If we haven't already learnt... ps, personally I struggle with truckies and two way radios. For me, I don't see a lot of difference. But apparently they don't get fined.
 
Although modern technology has been installed to catch offenders, there is still the element of doubt, and these ‘unusual’ events need to be subject to review. I’m not suggesting that she did nothing wrong, but it is pleasing to note when there is some leniency. In days gone by, the law would issue a caution, not immediately react by issuing fines.
 
Although modern technology has been installed to catch offenders, there is still the element of doubt, and these ‘unusual’ events need to be subject to review. I’m not suggesting that she did nothing wrong, but it is pleasing to note when there is some leniency. In days gone by, the law would issue a caution, not immediately react by issuing fines.
"Element of doubt", rarely, but technology is cheaper than a police officer in a car. Old fashion policing hardly exists, as is getting pulled over. Technically, governments may have a case to answer. Your detection by technology is not immediately going to stop anyone for continuing their "unsafe" driving tactics. This gap in time, potentially the driver may continue on and cause injury or death. Because, penalties are not brought to the drivers attention immediately, only when an infringement shows up in the mail.
 
Distracted driving continues to be a major problem on our roads and it’s easy to understand why.

From buzzing phones and chirping notifications, it’s hard for some to ignore the call of these modern-day technology devices – even when they’re behind the wheel.



Of course, the consequences of texting and driving can be severe, so it pays to always be vigilant.

But what happened when one Sydney woman thought she was following the rules and was still slapped with a staggering $362 fine and loss of five demerits?

It turns out, she wasn’t actually guilty of texting and driving at all.

Members, this story is quite bizarre.


d9f65dd05cab65d14e9b52b9ce79f4ed

The woman was allegedly texting while driving along the Princes Highway in Tempe. Credit: NSW Transport.



According to reports, the woman was driving on the Princes Highway in Tempe when a speed camera photographed her using a mobile phone while behind the wheel.

However, upon closer inspection, it was revealed that she was actually holding onto a VTech Bluey Ring Ring toy phone belonging to her daughter. The toy phone, which retails for around $25, does not have the capability to make calls, access the internet, or send texts.



Under NSW legislation, using a mobile phone for video calling, texting, emailing, internet use or photography while driving, is strictly prohibited – unless the car is parked. But in this case, the woman wasn’t breaking the law by using the toy phone.

Regardless, the NSW Government warns that distractions, whether from inside or outside the vehicle, can divert a driver's attention from the road and significantly increase the likelihood of a crash.

Such distractions may include pets, passengers, radio or music, and mobile phones. Taking one's eyes off the road for as little as two seconds can double the risk of a crash or near miss.


76286ddef6ca5bcfbb9b7d1705b72689

The woman claimed that she was holding her daughter’s phone toy, which may be the reason why authorities think that she was texting while driving. Credit: Blue.



To mitigate the risk of distractions and ensure road safety, the NSW Government recommends several measures.

These include securing loose items in a bag or box, limiting the number of passengers and pets, silencing or keeping the mobile phone out of reach.



According to a Transport NSW spokesperson, Tara McCarthy, they would be reviewing the penalty notice against the woman, who was adamant she was not using her mobile phone and it was instead her daughter’s toy.

They said: ‘Transport for NSW will work with Revenue NSW to review the penalty notice in question.’

Key Takeaways

  • A woman is using a highly unusual defence to fight a massive fine she received for texting and driving.
  • She claims she had not been using a mobile phone, but instead was holding her child’s toy.
  • The toy phone is from the kids’ show Bluey and does not have any use as an actual mobile phone.
  • Transport NSW has stated that these types of mix-ups are 'unusual' and that they will review the penalty notice in question.




View attachment 14878
A brief overview of the penalties that a driver may face for the offence of texting while driving. Credit: Seniors Discount Club.



Do you know anyone that’s been caught out using their phones while driving? Or maybe you’ve experienced a similar mix-up to the woman in this story? We’d love to hear your thoughts and experiences in the comments below!
She is still driving one handed and distracted by looking at a toy. No different to drinking hot coffee or eating a hamburger while driving, all should be banned. As for drive-in coffee shops they block traffic, people suddenly stop or make uturns to get to them. They should not be allowed on major roads. I must be sounding like a wowser, I'm not. But I'm sick of the driving behaviour of under 50's, pretty woeful, but also the over 60's seem to always travel 15-20 ks under the speed limit, which is dangerous. Finished with my soapbox for the day.
 
In W.A. we used o be fined for driving erratically. This was usually caused by being distracted. NOW, however, we are specifically fined for using a mobile phone. This was brought in when the road rules were made the same nationally I think that if the law is going to be so specific then it has to be applied specifically. Reading a book, using a two way or talking to a passenger all distract but are not going to attract a fine. This is a dumb rule in my book. I hope she gets a refund. Maybe the law/s will change to something more sensible.
 
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The road rules are there for a reason - to be obeyed. Toy phone or not, it only takes a fraction of a second of distraction to cause an accident! The fine should stand. I sent many to Court during my time in the Police Department, for breaching traffic and parking regulations.
 
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She still had something in her hand while driving and that would have distracted her just the same as a normal mobile phone. I don't understand how people just can't get it into their heads to keep your hands on the wheel, leave everything else alone and there wont be a problem will there?? I have debates all the time with my 'other half' about speeding. He is always saying that radars and speed cameras are revenue raising but I keep telling him, don't speed and your wont get a fine. Simple.
 
Well there is the other issue of teaching her children to use a mobile phone whilst driving is OK if you can get away with it ! Hopefully by the time her daughter becomes an adult we will all have mobile phone implants in our heads.
 
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The fact is she is distracted and not looking out the windscreen when driving that's all you should be doing
 
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Inattentiveness causes accidents…No ifs, buts or maybes..It is serious business being behind the steering wheel of any vehicle, just drive…
 
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Reactions: Marj53
Distraction can be caused by anything. I don't know what was in the head of the person who nearly ran me down today. I was going to step off the pavement to cross with a green walk sign and somebody just
drove straight through without stopping at the red light !!!Scary if I had been a second quicker they would have hit me.
 

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