A motorist fined $300 for using his cell phone argued it was no more distracting than lighting a cigarette or drinking coffee while driving.Allan Whitecross, of Mission Drive, Paget, had earlier pleaded guilty to the September 19 offence.The 57-year-old told Magistrates’ Court he wasn’t holding the phone up to his ear when he was ticketed by police, but had it in his hand as he turned the steering wheel.He argued that drinking coffee and lighting a cigarette while driving would equally count as distractions.Senior Magistrate Archibald Warner explained that while those activities were also distracting, there wasn’t a law prohibiting them while driving.Said Whitecross: “So the coffee and the cigarettes are good to go.”He continued to stress the inconsistencies in the law however Mr Warner explained that as the magistrate, his duty is not to argue the law, but to enforce it.He said that if Whitecross had an issue with any of the laws he should express his concerns with those who create them.