How do you claim the record and not incriminate yourself?

A few people in Australia have been fined for uploading a photo they took while driving to social media. One was a politician who was stopped at some road works. He uploaded it to facebook and some people complained he broke the law. So he went to a police station voluntarily and I guess made a statement and was issued a fine. (You can't touch your phone even if stationary, or in a drive through, car park, etc)