A driver who was fined $556 for allegedly holding his phone while driving says a traffic camera proves he didn’t break the law.
Ben Digance was driving along the Southern Expressway, south of Adelaide, on December 9 when a phone detection camera noticed his left hand resting on his lap.
The camera-captured image, which was linked to the $556 fine issued by SA Police, showed what police claimed was his hand holding his phone.
But Mr Digance said he remembers the day clearly and didn’t use his phone – and the image proves that.
‘One hand is on the steering wheel, the other on the leg. There is no visible phone at all… neither on me nor in my hand,” he said 7 News.
Mr Digance said he keeps his phone in the storage compartment between the driver’s seat and the front passenger seat.
He has now been forced to challenge the fine in court and will have to take leave to challenge the infringement notice.
“It’s a lot of money and I could understand it if it was feasible, but if there’s no phone visible, how can you fine someone?” said Mr. Digance.
The camera image, which was added to the $556 fine issued by SA Police, showed what police claimed was his hand holding a phone.
“There needs to be more surveillance, and checks to be more certain… (police need to be) more thorough in checking the photos and the fines.”
Mr Digance said he asked authorities to look at the footage, but they told him there was nothing they could do.
It comes as dozens of drivers have complained about similar issues.
Karen Hill, a lawyer at law firm Stanley Hill Elkins in Adelaide, said she has reviewed cases from several clients who claim they have been fined for not using their phones.
“One example is of a gentleman who … wore a hi-vis shirt with a highly visible fluorescent strip down the front where the seat belt goes over him,” Ms Hill said.
“Someone like him would obviously have a case.”
Motorists in South Australia caught using their phones while driving will be fined $556, with a separate $102 fine for crime victims and three demerit points.
More than 28,000 motorists were caught by the state’s new phone detection cameras between October and December last year.
Mr Digance said he remembers the day clearly and that he didn’t use his phone – and the image captured by the traffic camera proves this
The new cameras were installed at five locations including the Southern Expressway in Darlington, South Road in Torrensville, North South Motorway in Regency Park, Port Road in Hindmarsh and Port Wakefield Road in Gepps Cross.
Hundreds of drivers have been fined more than once for this violation, including one man who was assessed as much as $27,000 in fines.
SA Police figures have shown that distraction killed 30 people and caused 75 serious injuries on the state’s roads in 2024.
Daily Mail Australia has contacted South Australia Police and the Department of Infrastructure and Transport for comment.