A Sydney man who was fined for using his cellphone while driving has beaten the charge after proving he was actually holding a cheese-based treat, not his phone.
The 35-year-old was caught on camera in June last year, and fined AU$352 (NZ$378).
But his lawyer argued that the man was "simply trying to have afternoon tea".
The Daily Telegraph dubbed the move "the Le Snak defence".
"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," the man's lawyer said.
"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."
The defendant even reenacted his snacking technique in the witness box.
He specified the snack was actually a pack of Dippits, a Le Snak-style cheese and cracker pack from Aldi.
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