Mother fined after ice cream is mistaken for mobile phone
A Melbourne mum has claimed a police officer who fined her for using her mobile while driving mistook an ice-cream she was eating for a smartphone.
Michelle Course, 34, said she wasn't on her phone on the afternoon of November 2, 2020 when she was flagged down.
Instead, the beauty therapist said she was eating her favourite ice-cream; a Magnum Double Caramel Ego.
Michelle Course claimed she was fined for using a mobile phone when she was actually just eating her favourite ice cream. A Current Affair
READ MORE: Hundreds of NSW drivers taking mobile phone camera fines to court
But Ms Course said when she tried to explain this to the policeman, he didn't listen.
Ms Course was fined $496 and lost four driver demerit points.
"Sometimes you can get it wrong," Ms Course told A Current Affair.
"That day I was eating an Ice-cream, I wasn't on my phone. I shouldn't have to pay it. I wasn't doing anything wrong.
"There's no way I could be on the phone and eating my Magnum Ego while driving."
Michelle Course said the "fine wasn't fair it wasn't a mobile it was a Magnum." A Current Affair
READ MORE: Mobile phone detection cameras go live in Queensland, Victoria this week
Ms Course has argued the receipt for her ice-cream helps prove her case.
The receipt shows that Ms Course bought the Magnum at 4.34pm that day.
The fine was written at 4.40pm.
Ms Course also has time-stamped photos of the ice-cream stick and wrapper laying in the console of her car.
Michelle Course said her she had no need to use her phone while driving because of her cars hands-free system. A Current Affair
READ MORE: $1000 fines for using a mobile while driving start tomorrow
Ms Course also pointed out she doesn't need to use her phone while driving because her car has a hands-free system.
"I have no need to be holding my mobile phone while driving, and I can respond to message with voice," Ms Course said.
Lawyer Adam Cockayne has looked at Ms Course's case and he thinks she should fight the fine.
Michelle Course was fined $496 and lost four driver demerit points. A Current Affair
READ MORE: New cameras sting drivers with $7m of fines in one month
"I think Michelle should definitely fight the fine, if she's innocent then the fine should be withdrawn," Mr Cockayne said.
Mr Cockayne – also known as the "Fine Defender" – specialises in fighting wrongful infringments and has a message for all drivers.
"80 per cent of those fines are being thrown out by the Magistrates," Mr Cockayne said.
"The review system isn't working, because it should never have got that far."
Lawyer Adam Cockayne – also known as the "Fine Defender" – specialises in fighting wrongful infringments. A Current Affair
The $496 fine is especially difficult for Ms Course because she's been off work for much of this year.
Beauty Therapists were not allowed to work during Melbourne's recent lockdown.
"We haven't been able to work for seven months of this year, and I only just returned to work for a week. Copping this fine, it's your whole wage gone," Ms Course said.
A Current Affair has made enquiries with Victoria Police on Ms Course's behalf, asking if the evidence can be re-considered.
Ms Course is hoping her Magnum-defence will put the fine on-ice.
Victoria Police full statement:
Police can confirm they did intercept a woman in North Warrandyte on 2 November in relation to using her mobile phone while driving. The woman was issued a $496 dollar fine with also incurs four demerit points. As in any case where a person receives an infringement notice they have the opportunity to have the matter determined by a court, where they will have an opportunity to present their circumstances to a Magistrate.
We’d love to hear from you
