'Common sense prevailed' for mum fined after ice cream was mistaken for phone – Nine Shows

Science & Technology

A Magnum-loving Melbourne mum has melted the police against her and saved herself $500 in fines.
In November 2020, Michelle Course was charged with driving while on her mobile phone.
Ms Course has always maintained that she was eating a Magnum Ego ice cream, her favourite treat.
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"There's no way I could be eating my Magnum Ego, holding my phone and driving at the same time," Ms Course told A Current Affair in 2020.
Ms Course was fined despite having significant evidence at the time.
After being pulled over, she showed police her ice cream wrapper and stick and a receipt clearly recording that the purchase was made six minutes before she was pulled over.
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It didn't matter to the highway patrolman, who slapped her with $496 infringement.
Despite reservations about dealing with the justice system, Ms Course decided to stand up for her principles.
She felt she shouldn't pay a fine for something that she didn't do and so she began to build her case.
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Ms Course contacted Victoria Police for their dashcam vision of the incident and requested her phone records to prove that no phone call was being made at the time she was charged.
Despite juggling a job as a beautician and raising her four-year-old son, Ms Course put everything she had into defending her case.
But then there was an unexpected twist in the matter.
The case was put on ice.
"Common sense has prevailed and the fine has been dropped," Ms Course told A Current Affair this week.
"I was contacted a few days before the court date and I was very grateful that the system had worked and that justice had come about."
Ms Course said she did not have frosty feelings towards the policeman who fined her in the first place.
"There's no hard feelings. He was just trying to do his job and I have a lot of respect for the police force and what they do," Ms Course said.
Lawyer Justin Lawrence encourages anyone who knows they've been falsely accused to stand up for themselves.
"It's on people to work as hard as they can to prove their evidence. If they're prepared to do it and hand up all the material to a magistrate, I think the law will on their side," he said.
Mr Lawrence, from Melbourne firm Henderson Ball, told A Current Affair, "Victoria Police have got to prove the case, Michelle has collected enough evidence to say that she didn't do it".
The fine has been withdrawn just in time for Christmas, which will make the season a lot easier for Ms Course and her son.
"It will make a big difference for us. It's been another tough year during COVID, so it will make a massive difference for us," she said.
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