Sydney man beats mobile phone driving charge by proving he was opening a Le Snak style cheese dip
Say Cheese! Driver beats a cell phone by claiming he was in fact enjoying a tasty treat
- The 35-year-old Sydney driver tried to eat a pack of Dippits
- He was caught on a high-tech phone detection camera
- The man showed the court how he opened the cheese dip
A Sydney driver who was fined for using his mobile phone while driving has dropped charges after proving he was holding a Le Snak-esque cheese dip packet.
The 35-year-old man was captured at 7:36 p.m. on June 29 last year at 7:36 p.m. by a high-tech phone detection camera as he drove past the Anzac Parade in Moore Park.
He received a notice in the mail on August 9 informing him that he had been fined $352 and incurred five demerit points for driving while holding a phone.
His lawyer Benjamin Goh used the ‘Le Snak defence’ at Downing Center local court on Monday, arguing that his client was ‘just trying to have afternoon tea’.
Sydney man, 35, was captured while driving by a high-tech phone detection camera (pictured)
The man argued he wasn’t using his phone while driving, but was trying to open a pack of Dippits (pictured) – Aldi’s version of Uncle Toby’s popular Le Snak
“You can only be found guilty of driving while holding a mobile phone if it has been conclusively proven that you were actually holding a phone,” said Goh. The Daily Telegraph.
“My client had good control of the vehicle as the photo showed his left hand was in contact with the steering wheel as he attempted to open the package.
“My client is a hard-working Australian who was just trying to have his afternoon tea after work.”
To clear his name, the Western Sydney man went on the witness stand and argued that he tried to open a pack of Dippits – the Aldi version of Uncle Tobys Le Snak.
The man was given a pack of Dippits and asked to demonstrate how to open the seal in the same way he was portrayed by the high-tech camera.
He held the cheese dip in his right palm and used his left index finger and thumb to open the end of the cracker.
The driver said he explained the difference between the cracker end and the cheese end of a Dippit, choosing to open the snack from the cracker end because it has two unsealed flaps that make it easy to open the top seal.
The court also learned that the man had bought three Dippits while at work on the day he was caught on camera.
The man’s lawyer, Benjamin Goh (left), argued that his client was “just trying to have an afternoon tea” when he was captured by the high-tech mobile phone detection camera (pictured)
Magistrate Miranda Moody found the man to be a credible and credible witness and overturned the fine and five demerit points.
Mr Goh, who has been a lawyer for 20 years and has represented drug suppliers, murderers and robbers, said he was ‘amazed’ by the Dippits case.
“I continue to be amazed at the nature of the unusual cases that are occurring,” Mr Goh said.
High-tech mobile phone detection cameras have been in use in NSW since March 2020, with testing underway since November 2022 to enable the cameras to also detect seatbelt breaches.
In NSW, it is not illegal to eat while driving as long as the driver has full control of their car.