NSW woman fined $1,033 for using a phone while driving but she claims it was a shadow

A frustrated driver claims she was wrongfully fined $1,033 for using her phone while behind the wheel because the traffic camera mistook a shadow on her lap for her mobile.

NSW woman, Tracey, 33, was driving from Noosa to Brisbane in January when she was snapped by the camera.

She only found the infringement notice, where she also received four demerit points, on Tuesday after returning from an overseas trip, and said she thought there must have been a ‘typo’.

‘When I opened it and saw the amount, before even seeing what it was for, I almost got a small heart attack,’ she told Yahoo News.

‘The evidence they supplied was a photo of me driving with two hands on the steering wheel and three shadows on my body which made them conclude that at least one of them was a phone.’ 

Tracey said the size of the shadow didn’t match the shape of her phone and that the supplied traffic camera photo showed both her hands were on the steering wheel (above)

Tracey said she was travelling with a friend at the time, and claims the passenger was using their mobile for directions while her phone was ‘either in the mid-console or in my bag’.

She also argued the size and length of the shadow didn’t match her phone shape and the photo shows both her hands on the steering wheel.

‘I’m in a bit of shock,’ Tracey wrote on Facebook. 

‘I would like to contest it as the photo is based on shadows, not the actual footage of a phone.

‘Also that would mean I had three phones on me as there were three shadows?’

Commenters on the post agreed with Tracey that the ‘phone’ in the photo looked like a shadow. 

The 33-year-old is now hoping she can be provided with more conclusive footage to prove she didn’t have her phone on her.

After sharing the fine (above) online, commenters told Tracey not to pay the fine and dispute the photographic evidence in court

‘We were eating snacks at the time so I believe it was a chocolate slate but with the black and white you can’t make out the colour of the wrapping,’ she told the publication. 

Those wanting to contest a fine can view a high-resolution image online, or take the matter to court.

According to the Queensland Government, it is illegal to ‘hold a mobile phone in your hand or have it resting on any part of your body, such as your lap, when driving. This applies even if you’re stopped in traffic.

‘The phone does not need to be turned on or in use for it to be an offence.’