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A young mother has been fined $500 for using her mobile while driving but is fighting the penalty claiming she was actually eating an ice-cream behind the wheel.
Michelle Course, 34, had just bought a Magnum Double Caramel Ego at a petrol station in Melbourne's north when she was stopped by police on November 2.
They had been travelling on the opposite site of the road before turning around and fining her for using her phone.
© Provided by Daily MailMichelle Course (pictured), 34, had just bought a Magnum Double Caramel Ego at a petrol station in Melbourne's north when she was stopped by police on November 2
The beauty therapist insisted she had been eating her favourite ice-cream and couldn't be on her phone at the same time, but the police officer refused to believe her.
She was handed a hefty fine of $496 and lost four demerit points.
'That day I was eating an Ice-cream, I wasn't on my phone. I shouldn't have to pay it. I wasn't doing anything wrong,' Ms Course told A Current Affair.
'There's no way I could be on the phone and eating my Magnum Ego while driving.'
Ms Course claims she bought the ice cream just six minutes before she was fined, and even had the receipt and wrapper to prove her case.
The receipt said she bought the Magnum at 4.34pm before being pulled over by police and fined at 4.40pm.
© Provided by Daily MailThe young mother was fined $500 for using her mobile while driving but has since revealed she was actually eating an ice cream behind the wheel
© Provided by Daily MailThe beauty therapist insisted she had been eating her favourite ice cream (pictured) and couldn't be on her phone at the same time, but the police officer refused to believe her
Ms Course also has photos of the ice cream stick and wrapper sitting in her car and claims her T-shirt had chocolate stains from the dripping dessert.
She also claims she has no need to use her phone while driving because she had a hands-free CarPlay system.
Lawyer Adam Cockayne, known by the nickname the 'fine defender' - thinks the young mother should fight the fine.
'If she's innocent then the fine should be withdrawn,' Mr Cockayne said.
© Provided by Daily MailMs Course claims she bought the ice cream just six minutes before she was fined, and even had the receipt and wrapper to prove her case
© Provided by Daily MailThe receipt said she bought the Magnum at 4.34pm before being pulled over by police and fined at 4.40pm
Ms Course has plans to fight the fine, especially as she has been out of work as a beauty therapist due to Melbourne's strict coronavirus lockdown.
'We haven't been able to work for seven months of this year, and I only just returned to work for a week. Copping this fine, it's your whole wage gone,' Ms Course said.
Victoria Police confirmed they intercepted a woman at North Warrandyte on November 2 in relation to using her mobile phone while driving.
'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,' Police said in a statement.