this post was submitted on 11 Jul 2026
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Idiots downvoting you are the exact reason we end up with so many laws that seem ridiculous. You're exactly right, why would it be in her lap if she hadn't been using? Saying she's innocent because it wasn't actively in her hand, is like saying you're just carrying a bloody knife, but they didn't catch you stabbing the guy, so too bad.
In Australia, your phone must be stowed or in an approved cradle when driving, because, people would be using their phone and then drop it in their lap when caught and try to claim they were just carrying it there. Not that it got them out of the fine, it just saved time with idiots arguing.
Idk maybe she just left Dunkin and paid by scanning the app in the drive thru and now her cupholder is full and it's the safest place to put down the phone.
I don't know.
I do know what they say about assuming, though. And the state is assuming, and thus accusing, her of a dangerous activity on nothing but the thinnest of evidence.
An accusation that is based upon a presumption of guilt, which our system shouldn't be based upon.
And so now this person has to choose between taking time off work, and possibly lawyering up, to fight this and maybe just pay a few hundred in court fees...or just pay it.
This is Vexatious litigation and an abuse of the judicial system on the part of the state.
The other day my car told me to pull over and take a nap because I was driving out of dense tree cover into a really bright street and my eyes were squinty.
This is like putting a camera right there in the sun and issuing DUIs because you look high.
My phone is in my lap while driving all the time because I take it out of my back pocket to not squish it when sitting down and I don't have anywhere else to put it. Usually I remember to tuck it down beneath my legs, but sometimes I forget.
There's a bunch of trays that can hold your phone all over, newer ones even make some dedicated ones that would wirelessly charge your phone. Put it there, your lap is not a stable surface, and sure will distract you when the sudden movement causes it to slide off.