A driver who was fined $556 for allegedly holding his phone while driving says a traffic camera proves he wasn’t breaking the law.
Ben Digance was driving along the Southern Expressway in Adelaide’s south on December 9 when a phone detection camera noticed his left hand resting in his lap.
The image taken by the camera, which was attached to the $556 fine issued by South African police, showed what police claimed was his hand clutching his phone.
But Digance said he remembers that day well and that he wasn’t using his phone, and the picture proves it.
‘One hand is on the steering wheel and the other on the leg. “There is no phone visible… neither on him nor in his hand,” he said. 7 news.
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 time off work to contest the infringement notice.
“It’s a lot of money and I could understand if it were feasible, but when there is no visible phone, how can you fine someone?” Mr. Digance said.
The camera image, which was attached to the $556 fine imposed by South African police, showed what police said was his hand clutching a phone.
“There needs to be more scrutiny and controls to be safer… (the police need to) be more thorough in controlling photos and fines.”
Digance said he asked authorities to review the footage, but they told him there was nothing they could do.
It comes as dozens of drivers have complained of similar problems.
Karen Hill, a lawyer at Adelaide law firm Stanley Hill Elkins, said she has reviewed cases from several clients, who claim they were fined when they were not using their phones.
“An example is a gentleman who… was wearing a high-visibility t-shirt with a very visible fluorescent stripe on the front, near where the seatbelt crosses it,” Ms Hill said.
“Someone like him would clearly have a case.”
Motorists in South Australia caught using their phones while driving face a $556 fine, a separate $102 crime victim fine and three demerit points.
More than 28,000 drivers were caught by the state’s new phone detection cameras between October and December of last year.
Digance said he remembers the day well and was not using his phone, and the image captured by the traffic camera proves it.
The new cameras have been 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 ticketed for this offense more than once, including one man who was assessed a staggering $27,000 in fines.
South African police figures have revealed that distraction claimed the lives of 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.