A driver slapped with a hefty fine for allegedly being on his phone while driving believes photographic “evidence” sent to him proves otherwise.

Scott Phillips was photographed by a phone detection camera while driving along the Hume Motorway away from Bowral, in the NSW Southern Highlands, he told Ben Fordham on 2GB Tuesday.

Two weeks later he received an infringement notice with a photo that was meant to show him using his phone.

“I had a look at the photo, and there is something blurry in my left hand resting against my leg, while the phone is clearly obviously on the dash,” Mr Phillips told listeners.

The photo shows the phone sitting in a cradle on the dashboard.

Mr Phillips said he couldn’t remember exactly what he was holding in his hand at the time, but it could have been a chocolate or a pair of sunglasses.

“It’s definitely not my mobile phone, because you can see it on the dash,” he said, arguing that he never used his phone while driving.

The penalty for using a mobile phone while driving in NSW is five demerit points and $349.

“If you can’t definitely say that is obviously and definitely a phone, how do you get five demerit points and a $349 fine for something that might be a phone, but might be sunglasses, or might be chocolate?” Mr Phillips said.

Fordham joked that it made sense that Mr Phillips could have been craving a chocolate bar, given the photo was taken at 12:01 pm.

Motorists in NSW risk a $349 fine and five demerit points if they are caught using their phone, while those in the ACT are fined $470 and four demerit points.

This article originally appeared on Over60.