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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I never use my phone when driving…………it’s a very irresponsible action.
I’ll call back whenever I can!!! I couldn’t ever forgive myself of blood guilt if ever I caused the death of someone. So, my phone is always on silent inside my bag.
 
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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!
Although it may have been a "toy", the fact the woman was driving with only 1 hand on the steering wheel and why did she have it anyway. She would have been distracted taking it from her daughter. I think she was caught red handed and is trying to wriggle out of the fine . Expensive lesson learnt.
 
  • Like
Reactions: Marj53

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