Driver fights back against 'ridiculous' $1,200 fine

An Aussie woman is fighting back against a $1,200 fine and the loss of four demerit points after her husband was caught allegedly touching a mobile phone while driving her car.

Lauren Damen said her husband Daniel was driving her car on September 13 when a mobile phone detection camera snapped an image of him. Authorities allege that he is touching his phone, but wife Damen says that he is holding his leg in the grainy image the Queensland Revenue Office supplied.

After contesting the fine, Damen told Yahoo the fine was "ridiculous" and claims it clearly shows Daniel's trousers — not a phone. "His hand is on his upper thigh which has made his black pants look more rectangle," she explained.

Despite contesting the fine, Damen said she was told "it appears to be a phone so the fine is not being withdrawn".

"I emailed the revenue office and was like, 'How have you determined that's a mobile phone?' They say they go off the size, shape, phone case, buttons and screen when neither of those, like none of those, are actually determined in this photo," she said in a video posted to social media.

"I know for a fact my husband doesn't use his phone when driving."

Family call out high cost of Queensland fine: 'Ridiculous'

The NSW family, who were driving in Upper Coomera, a suburb on Queensland's Gold Coast, have called out the hefty cost of the fine. "I think the price of the fines is ridiculous, we are in NSW and the mobile fines here are only around the $300 mark," she explained.

While the cost of fines varies from state to state, Queensland has the toughest penalties for mobile phone and seatbelt offences — with drivers facing $1,209 and four demerit points recorded against their driving history.

In NSW, the fine for illegal mobile phone use is $410, or $544 if detected in a school zone. There's also a penalty of 5 demerit points for illegal mobile phone use, which increases to 10 demerit points during double demerit periods.

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The family are now contemplating taking the matter to court. "My husband was adamant on paying it to just get it out of the way. I said 'no way, this is how they get away with it'," she told Yahoo.

"My friend was done with her wallet on her lap too. It's very frustrating in a time where a $1,209 fine isn’t exactly money to throw away."

Queensland Revenue Office weigh in on fine process

While Queensland Revenue Office told Yahoo it is unable to comment on individual cases for privacy reasons, it explained the process of identifying offences — and how those can appeal fines.

"Mobile phone cameras take images of each vehicle travelling in the lane of traffic that the camera is monitoring,' the spokesperson said.

"Where a possible offence is detected, separate reviews of the images are undertaken by at least two trained and authorised officers within Queensland Revenue Office to determine whether to issue an infringement.

"Where it is determined an offence has been committed and an infringement is issued, images are not altered or redacted before they are included on the infringement notice issued to the registered operator of the motor vehicle.

"The alleged offence images provided on an infringement notice are provided to the operator of the motor vehicle as a courtesy only. Clearer high-resolution images are used by QRO for processing and adjudication purposes."

It's understood the images can be viewed by logging onto the Department of Transport and Main Roads Online Services portal. But Damen claims that she requested the high-resolution images, but was told "the photos supplied were all they had."

The spokesperson went on to say recipients can submit a fine enquiry and have the matter reviewed by a third independent officer, and any further action is suspended until the review is complete.

"Fine recipients also have the option to elect to have the matter heard in court," they said.

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