A driver claims he was unfairly fined by new hi-tech phone detection cameras that mistook his chocolate bar for a mobile.
Scott Phillips insisted the photo that came with a $349 penalty notice and the loss of five demerit points proved he was innocent.
The image was taken when Mr Phillips was driving north on the Hume Highway in Menangle Park, on the southwestern outskirts of Sydney, on April 15.
Mr Philips, the chief investment officer for share trading website The Motley Fool, is adamant it was impossible he was using his mobile phone at the time.
He insisted the device was clearly visible in a cradle attached to his dashboard in the image he was sent.