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Brisbane woman fights fine after caught vaping on mobile phone detection camera

A Brisbane woman is planning to fight a “ridiculous fine” issued after she was caught on camera doing something she says was completely legal.

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A Brisbane woman claims she has been wrongly fined after being caught on a covert traffic camera using a vape.

Lillian Morrow, 19, said she was “outraged” after she was wrongly accused of using her mobile phone, resulting in a $1078 fine and four demerit points.

Miss Morrow intends to fight the fine in court.

“Quite clearly holding my trusty vape and my phone is on the passenger seat.

“I elected for the matter to be heard in court almost a month ago, but haven’t heard anything,” she said in her post.

Miss Morrow was travelling north on the Pacific Motorway in August when she was photographed by an overhead camera at the Parkwood Coomera Overpass.

According to Queensland legislation, vaping (considered smoking) is illegal in a vehicle if someone aged 16 or under is present.

A Brisbane woman claims she was holding her vape when caught on a phone detection camera. Picture: Supplied
A Brisbane woman claims she was holding her vape when caught on a phone detection camera. Picture: Supplied

The law also applies if the vehicle is being used for business and more than one person is inside.

Miss Morrow said she was travelling alone at the time.

Her Facebook post has attracted more than 180 comments in the first six hours of it being published, with opinion divided over what Miss Morrow was holding.

“The fact that people on (Facebook) can’t agree on what it actually is, is proof enough in itself it should be thrown out. No matter who has the burden of proof it certainly can’t be beyond reasonable doubt,” one comment read.

“If you can’t convince people on Facebook with your lie/excuse, what chance do you think you’ll have in court? You did it, you got caught, own it,” someone else wrote.

“Why does it look like a power cord is running over your seatbelt and up to your vape, and why is your vape being held to the left side of your face?” someone else questioned.

Miss Morrow said the cords were “the strings from my hoodie.”

The woman plans to fight the fine in court. Picture: Supplied
The woman plans to fight the fine in court. Picture: Supplied

She said she hopes the Department of Main Roads will review the mobile phone camera system and “throw out the ridiculous fine.”

A department spokesman said the camera system was reliable.

“The camera’s images are filtered by artificial intelligence (AI) software. If a possible offence is detected, the image is reviewed by an authorised TMR officer to determine if an offence has been committed.”

According to TMR, more than 80,000 mobile phone and seatbelt infringement notices were handed out in the Brisbane region over the past year.

Miss Morrow said she felt confident if the case went to court.

“To myself and those I’ve shown not on Facebook, it’s been a pretty unanimous decision that it’s not in fact my phone in hand,” she said.

Originally published as Brisbane woman fights fine after caught vaping on mobile phone detection camera

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Original URL: https://www.thechronicle.com.au/news/queensland/brisbane-woman-fights-fine-after-caught-vaping-on-mobile-phone-detection-camera/news-story/1bd94872f1ef3265257b17d497d6009f