Woman fights texting while driving fine using bizarre argument in court

A mother who received a hefty fine for texting while driving on a busy highway will use a highly unusual defence to fight it.

A woman will use a highly unusual defence to fight a massive fine she received for texting and driving.

On February 10, the Sydney woman was photographed by a speed camera while driving along the Princes Hwy in Tempe.

She then received a fine for $362 in the mail, along with notification she had lost five demerit points for texting while driving.

However, she claims she had not been using a mobile phone, and instead was holding her child’s toy.

After requesting the images from Transport NSW, she discovered the real reason behind the fine.

She claims that in the photo, which appears to show the driver holding a mobile phone-like device, she is actually holding onto her daughter’s toy phone.

The woman requested to see the photo captured by overhead cameras. Picture: 7 News

The woman claims she wasn’t on her phone, but instead holding her child’s Bluey toy. Picture: Supplied

The VTech Bluey Ring Ring phone retails for $22-25 and is merchandise from the popular kids’ show, Bluey.

It has voice activation prompting conversational recordings from characters and allows kids to play games from different episodes.

However, the device, which is recommended for children aged 3 years old and up, has no use as a mobile phone.

It cannot make calls, access the internet or send text messages.

Legislation governing texting and driving in NSW states drivers are prohibited from using a mobile phone for video calling, texting, emailing, internet use such as social media or photography unless the car is parked.

In a statement to 7 News, Transport NSW spokesperson Tara McCarthy said these types of mix-ups are “unusual”.

“Transport for NSW will work with Revenue NSW to review the penalty notice in question,” Ms McCarthy told 7 News.