A Brisbane woman is planning to fight a hefty fine she received after being caught on camera smoking an e-cigarette during a mobile phone detection operation.
The 19-year-old girl expressed her anger after being wrongly accused of using her phone, resulting in a fine of $1,078 and a deduction of 4 points.
She wrote, "Obviously, with my trusty e-cigarette in hand, my phone was on the passenger seat.
About a month ago, I opted for a court trial to settle this matter, but I didn't hear anything back.
In Queensland, it is illegal to vape (considered smoking) in a car if there is anyone present who is 16 years old or younger.
However, the woman stated that she was traveling alone at the time.
This post sparked a fierce debate online, with over 230 confused drivers commenting on it.
In fact, people here cannot agree on the actual situation which is enough evidence that it should be abandoned. Regardless of who bears the burden of proof, it certainly cannot eliminate reasonable doubt," said a woman.
I heard that you can still be fined for having your phone visible in public. It must be completely out of sight because it can still 'distract attention'," added another.
If you can't persuade people on Facebook with your lies/excuses, what chance do you think you have in court? You did it, you got caught, own it," others wrote.
The woman told 7NEWS.com.au that she believes the camera system "needs to be reviewed".
If there is no concrete evidence, we should not be judged guilty," she said.
TMR responds.
Queensland's Department of Transport and Main Roads (TMR) has informed 7NEWS.com.au that over 80,000 notices for mobile phone use and seatbelt violations have been issued in the Brisbane area over the past year.
According to a spokesperson from TMR, camera footage is filtered through artificial intelligence (AI) software. If possible illegal actions are detected, the footage is reviewed by authorized TMR officials to determine whether a violation has occurred.
Individuals who receive infringement notices for violating cellphone or seatbelt regulations will be fined $1078 and have four points deducted. They have the option to contest this matter in court.
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