How a driver managed to beat a mobile phone driving charge with a ‘Le Snak defence’
- Sydney driver, 35, was trying to eat a packet 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 beat the charge after proving he was holding a Le Snak-style cheese dip packet.
The 35-year-old man was captured by a high-tech phone detection camera while driving along Anzac Parade in Moore Park at 7.36pm on June 29, last year.
He received a notice in the mail on August 9 informing him he had been fined $352 and incurred five demerit points for driving while holding a phone.
His defence lawyer Benjamin Goh used the ‘Le Snak defence’ at the Downing Centre Local Court on Monday arguing his client was ‘simply trying to have afternoon tea’.
The 35-year-old Sydney man was captured by a high-tech phone detection camera while driving (pictured)
The man argued he was not using his phone while driving but was trying to open a packet of Dippits (pictured) – Aldi’s version of Uncle Tobys popular Le Snak
‘You can only be found guilty of driving while holding a mobile phone if it is proven beyond a reasonable doubt that you were actually holding a phone,’ Mr Goh said, according to The Daily Telegraph.
‘My client had proper control of the vehicle because the photo showed his left hand was in contact with the steering wheel while he was attempting to open the packet.
‘My client is a hardworking Australian who was simply trying to have his afternoon tea after finishing work.’
To clear his name, the Western Sydney man took to the witness box and argued he was trying to open a pack of Dippits – the Aldi version of Uncle Tobys Le Snak.
The man was given a packet of Dippits and asked to demonstrate how he peeled open the seal in the same way he was pictured 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 cracker end.
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 features two non-sealed flaps which make it easy to open the top seal.
The court also heard the man had bought three Dippits while at work on the day he was captured by the camera.
The man’s defence lawyer Benjamin Goh (left) argued his client was ‘simply trying to have 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 believable witness and overturned the fine and five demerit point punishment.
Mr Goh, who has practiced law for 20 years and has represented drug suppliers, murderers and robbers, said he was ‘amazed’ by the Dippits case.
‘I never cease to be amazed at the nature of the unusual cases that present themselves,’ Mr Goh said.
High-tech mobile phone detection cameras have been used in NSW since March 2020, with testing underway since November 2022 to enable the cameras to also detect seatbelt infringements.
In NSW, it is not illegal to eat while driving as long as the driver has full control of their car.
