The common but very naughty driving habit that will cost you a $400 fine and five demerit points
Three out of four motorists who told the judge they weren't using their phone on NSW roads were still required to pay their fines.
But the low success rate didn't stop many drivers from arguing that it wasn't a phone pictured in their hand, with some going as far as to claim it was actually 'a chocolate wafer,' 'a calculator,' or 'banana bread.'
Mobile phone detection cameras were introduced in early 2020 and have since caught one in every 957 drivers breaking phone laws.
Despite being photographed holding their phones by the cameras, 879 people have contested their fines so far this year.
One motorist told the court they had been snapped holding a 'receipt tin,' which the judge dismissed, ordering them to pay a $500 fine.
Another claimed they were using an 'electric shaver' but were still found guilty.
In a shocking case, a driver claimed the phone pictured was actually a 'Kit Kat,' but the judge upheld their $400 fine and ordered them to cover an additional $600 in departmental costs.
Other failed misidentification arguments included banana bread, wallets, a calculator, and a 'remote control for a car stereo'.
Transport for NSW Secretary Josh Murray explained that many motorists likely believed they could get away with disputing the fine, as the photo they receive is often small and grainy.
He claimed many were shocked when they realised the image supplied to the judge is large and detailed, with the phone clearly visible.
"They're thinking, 'What's to say what the picture shows'," Murray told the Daily Telegraph.
"But once the pic is shown on a big TV screen next to the magistrate, it's often very clear that it is a phone — sometimes you can even see the brand name.
"Everyone deserves their day in court but with three out of four cases being upheld, it's clear many drivers are ticking the box."
Roughly 614 million cars have been checked by mobile phone detection cameras since March 1, 2020.
Of those, 910,000 checks resulted in fines for illegal phone use.
Transport for NSW Secretary Josh Murray explained that many drivers mistakenly believed mobile phone detection cameras (pictured) produce poor-quality images.
The fine for using a mobile phone is typically $423 but jumps to $562 if the offence was recorded in a school zone.
On top of the monetary loss, convicted drivers lose five demerit points.
Up to 47 mobile phone detection cameras operate in NSW at a time.
Revenue collected from mobile phone, seatbelt and speeding fines goes into a Community Road Safety Fund to help cover the cost of road safety initiatives.
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