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Is this a bit harsh...a fine & demerit point for drinking water while driving?

A Beaudesert man has been fined $173 & docked 1 demerit point, for drinking a 600 mill bottle of water behind the wheel.
Brock Harris had finished a 12-hour day at work, before discovering the air con in his car was not working, on a 39 degree day.
He'd stopped to buy a bottle of water, but as turned into his street, he was pulled over by Police and told it was illegal to drink anything while driving.
Superintendent David Johnson from Road Policing Command, told the A.B.C...if a driver is not in control of their vehicle, or is driving without due care, they may be committing an offence.
Mr.Harris is vowing to challenge the fine.
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