Driver fined for using mobile phone behind the wheel divides the internet

One simple photo of a driver holding something while driving has ignited fierce debate over whether he was actually doing something wrong.

A driver who was fined for using his mobile behind the wheel has claimed he has proof cops mistook his energy drink for a phone.

Hundreds of Australians weighed when his wife took to social media insisting he had been wrongly fined.

“Just wanted to get some opinions on this. I’ve received a fine for my partner using his phone while driving my car. Problem is we’re 95 per cent sure the ‘phone’ in his hand is actually an energy drink,” she wrote online.

“I just wanted to see how many people in here think it’s a phone or a can of soft drink.”

More than 360 people responded and it was mostly to point out that they thought the camera may have in fact mis-identified a can of energy drink as a mobile phone.

Dozens of people commented “drink” in agreement with the woman, with some even claiming they could clearly see the can was branded with a V.

“The “V” is there! It’s not a phone,” one wrote.

Others suggested that while the item may be a drink and not a phone, the driver probably still shouldn’t have had it in his hand.

This driver was fined for driving while using a mobile phone. Picture: Facebook

“Looks like a can to me but as far as I’m aware these cameras are set up to fine you for anything other than holding the steering wheel … phone, drink, food. My partner and I always put both hands on the wheel when we pass one of these so there is never any question,” one response said.

“Looks like a can to me but it’s still illegal to be drinking. Maybe weigh up what’s the bigger offence before you challenge it,” another suggested.

While no specific road rules exist banning drivers from eating or drinking behind the wheel, doing so could fall into driver distraction laws outlined under NSW Road Rule 297(1).

The rule stipulates “a driver must not drive a vehicle unless the driver has proper control of the vehicle” so if someone’s eating or drinking interferes with the control of their car, they could be penalised.

The offence carries a $464 fine and three demerit points which soars to $581 and four demerit points if committed in a school zone.

Some respondents encouraged the driver to have their matter reviewed, but consider the additional fees they would likely face if the matter ended up in court.

“While it looks like a can, if your going to fight it in the hopes to get a lesser fine just be aware of the court fees you’ll likely be up for, even if self represented there’ll be extra fees,” one wrote.

“Take it to court. There is a form on the back of the ticket to elect to do this. It only costs $66 in court fees and if you win they refund that,” another said.

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