A Melbourne mum is fighting being fined a week's wages after police allegedly saw her using her mobile phone while driving.

Michelle Course said she was instead eating an ice cream - a Magnum Double Caramel Ego to be specific - when an officer in a passing police vehicle saw something in her hand.

"There's no way that I could be eating my Magnum Ego and holding my phone and driving, all at the same time," she told A Current Affair.

Michelle Course claims she was eating an ice cream and was not using her mobile phone. Picture: A Current Affair
Michelle Course claims she was eating an ice cream and was not using her mobile phone. Picture: A Current Affair

The 34-year-old still had the ice cream wrapper and stick when she was stopped and fined $496.

"I'd just finished eating it and I'd placed it down in the console," she said.

"So I had everything there to show and later on, embarrassingly enough I still had chocolate on my shirt from eating it."

The wrapper and stick. Picture: A Current Affair
The wrapper and stick. Picture: A Current Affair

She alleged the officer told her he saw something "glint".

"Whether or not he spotted this ring or my watch, I'm not sure," she said.

"Also too, the Magnum Ego has a caramel centre so whether or not that part was glistening in the sun, it was a sunny day."

A re-enactment. Picture: A Current Affair
A re-enactment. Picture: A Current Affair

Ms Course said her fine was written up at 4.40pm on November 2.

A receipt from the service station, for petrol and the ice cream, shows she made her purchases six minutes earlier.

"I'd only just returned back to work for a week and then copping this fine, that's your whole wage gone," she said.

She was fined $496 which includes four demerit points. Picture: A Current Affair
She was fined $496 which includes four demerit points. Picture: A Current Affair

In a statement provided to news.com.au, Victoria Police confirmed a woman was intercepted in North Warrandyte on November 2 "in relation to using her mobile phone while driving".

"The woman was issued a $496 dollar fine which also incurs four demerit points," a police spokesman said.

"As in any case where a person receives an infringement notice they have the opportunity to have the matter determined by a court, where they will have an opportunity to present their circumstances to a Magistrate."

VicRoads states: "All drivers face tough penalties for illegal use of a mobile phone."

"It's a proven fact that using a mobile phone while driving can be distracting. Taking your eyes off the road for just two seconds or more doubles your crash risk."

Originally published as Mum fights $496 ice cream driving fine



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